Section 237 - Hearing Procedures to Determine Number of Licensed Pilots(a) The Board shall determine the number of pilot licenses to be issued and shall appoint and license the number of pilots sufficient to carry out the purposes of Division 5 of the Harbors and Navigation Code. In determining the number of pilot licenses issued by the Board to qualified applicants, the Board shall take into consideration all of the following: (1) The findings and declarations in Harbors and Navigation Code Sections 1100 and 1101;(2) The results of an audit made pursuant to subsection 236(e) of these regulations.(3) The factors specified in Harbors and Navigation Code Section 1203(a) through (g); and(4) The maritime industry's current economic trends, fluctuations in the number of vessel calls, the size of vessels, and whether the need for pilotage is increasing or decreasing. The objective of the Board's determination of the number of pilot licenses to be issued to qualified applicants is to ensure the availability of an adequate number of qualified, rested pilots to provide timely pilotage services. Before changing the number of pilot licenses issued, the Board shall conduct hearings in accordance with this article.
(b) The Board will conduct hearings as frequently as is necessary to provide meaningful and timely guidance in determining the appropriate number of pilot licenses to be issued and the number of pilot trainees to be selected pursuant to Sections 216 and 213, respectively, of these regulations.(c) The Board will consider whether a hearing under this section is necessary by reviewing the current number of pilot licenses issued, the results of the most recent hearing, and the data collected pursuant to subsection (d) of this section at the following times: (1) Prior to the selection of additional pilot trainees;(2) Prior to issuing additional original pilot licenses;(3) Upon the request of any party directly affected by pilotage;(5) At such additional times as the Board may direct.(d) The San Francisco Bar Pilots shall provide the following data to the Board annually and at such other times as the Board may direct. The data shall cover the previous 12-month period, or such other period as the Board may direct, and shall be available for public inspection during normal Board hours: (1) Total number of vessel moves;(2) Total number of pilots assigned to move vessels;(3) Number of pilots assigned to move vessels each day;(4) Number of bar crossings;(6) Number of river moves;(7) Average draft of piloted vessels;(8) Average gross registered tonnage of piloted vessels;(9) Number of pilots reported sick or injured and number of days each was unable to perform piloting duties;(10) Number of times a pilot resumed duties with less than 12 hours off duty, the contributing circumstances, and the actual hours off duty between assignments;(11) Number of pilot days during which pilots were engaged in Board-mandated training; and(12) Number of pilot days during which pilots were engaged in administrative duties authorized by the Port Agent, with a description of those duties.(e) Upon determining that a hearing will be conducted, the Board will notice a public hearing to be held not less than thirty (30) days from the date of the notice, or at such later time as the Board may direct. The notice shall comply with the applicable provisions of the Bagley-Keene Open Meeting Act, Government Code Sections 11120, et seq. The purpose of the hearing is to obtain information and data relevant to determining the number of licensed pilots in accordance with this section.(f) At least fifteen (15) days before the hearing, the Executive Director shall assemble and make available for public inspection during normal Board hours the following data: (1) All data collected pursuant to subsection (d) of this section since the last hearing, including a summary of such data in the form used as input for the 1986 manpower study computer model pursuant to Harbors and Navigation Code Section 1190(d);(2) Data considered by the Board at the most recent rate hearing relative to the factors listed in Harbors and Navigation Code Section 1203 and such changes or updated data as is readily available;(3) The results of any audits made pursuant to Harbors and Navigation Code Section 1203 since the last hearing to determine the number of licensed pilots;(4) Data establishing the maritime industry's current economic trends;(5) A summary showing changes since the last hearing to determine the number of licensed pilots in the following:(i) the number of vessel calls;(ii) the average draft of piloted vessels;(iii) the average gross registered tonnage of piloted vessels.(6) Data establishing whether the need for pilotage is increasing or decreasing;(7) Ages of pilots currently licensed and anticipated retirements; and(8) Such other data as the Board may direct.(g) The Board president shall appoint a committee chaired by a commissioner and made up of one or more representatives each from industry, pilots and the public, to review and analyze the information and data assembled pursuant to subsection (f) of this section, to review any additional data, input and comments from the San Francisco Bar Pilots, members and representatives of the maritime industry and members of the public, and to prepare recommendations to the Board regarding the factors which the Board should consider in determining the number of pilots to be licensed. Minutes of the Committee's meetings shall be made available for public inspection not less than ten (10) days before the hearing conducted pursuant to subsection (h) of this section.(h) A hearing shall be conducted at the time and place set forth in the notice provided pursuant to subsection (e) of this section and shall be conducted in accordance with the Bagley-Keene Open Meeting Act (Government Code Sections 11120, et seq.). A full record shall be kept of all evidence offered at the hearing, including a verbatim transcript of all testimony.(i) Following the presentation by the committee appointed pursuant to subsection (g) of this section, any additional presentations on behalf of the San Francisco Bar Pilots, the maritime industry and the general public, the Board shall close the record and proceed with deliberations, including a review and evaluation of all the evidence received at the hearing and a determination of the number of pilot licenses to be issued. The Board's deliberation shall be conducted at a duly noticed meeting open to the public and may be transcribed. At the conclusion of its deliberations, the Board shall issue written conclusions with regard to the number of pilot licenses to be issued, and the manner in which any change to reach that number will be implemented.Cal. Code Regs. Tit. 7, § 237
1. New article 8 (section 237) and section filed 4-4-2002; operative 5-4-2002 (Register 2002, No. 14). Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1170, 1170.1, 1170.2 and 1190(d), Harbors and Navigation Code.
1. New article 8 (section 237) and section filed 4-4-2002; operative 5-4-2002 (Register 2002, No. 14).