61G14-21.002. New Ports

From time to time providers or users of maritime services, government agencies or others whose substantial interests may be affected, may wish to have provision made for the obtaining of pilot services at ports (as defined by Section 310.002(4), Florida Statutes) where such services are not then available. In such case, the following procedures shall be followed:

(1) Such entity shall file with the Board a petition which shall contain or be accompanied by the following information:

(a) matters pertaining to safety including:

1. The dimensions, including the anticipated maximum draft of the largest vessel that is expected to call on the port;

2. A survey, completed within six months prior to the petition, of all berths, turning basins, anchorages, and channels that will be used when entering or leaving the port;

3. An engineer's report as to the size and capabilities of any mooring at all berths to be used;

4. A report, from the appropriate government agency, as to the dimensions at the channel opening and as to the dynamic capabilities of any fendering for any bridge which crosses the pilotage waters to be transited; and

5. A listing of all proposed pilotage routes, their lengths and the anticipated speed of transit thereon.

(b) Matters relating to financial feasibility and the number of pilots needed including:

1. The number of anticipated vessel callings per month and the maximum number of callings expected during any one day;

2. The anticipated use of the port at 18 months and at five years from the date of the petition.

(c) Information concerning the following:

1. Boarding and disembarking point(s);

2. Existing and potential hazards of the port and waters to be transited;

3. Tides and currents;

4. Climatological information;

5. Existing traffic patterns;

6. Adequacy of aids to navigation;

7. Number of potential users;

8. Traffic currently transiting the pilotage waters in question;

9. Local ordinances pertaining to speeds, wakes, and anchoring;

10. Matters of environmental concern such as the presence of manatees, grass beds, or coral reefs; and

11. The availability of local funding for dredging and other waterway and port facility improvements.

(2) Upon receipt of such application, it shall be referred to an ad hoc committee of not less than three Board members appointed by the chair. The committee shall obtain any additional safety and financial information it deems necessary to evaluate the application.

(3) If requested by an entity demonstrating a substantial interest, the committee shall, or on its own volition may, hold one or more public hearings to receive and consider matters in support of or opposition to the application.

(4) In evaluating the application, the committee's responsibility is to determine whether the public health, safety and welfare will be best served by establishing the requested port.

(5) Upon completion of its evaluation, the committee shall make its written recommendation to the Board that the application either:

(a) be denied, in which case the committee will state in writing its reasons for such recommendation; or

(b) be tentatively approved with provision for a specified number of pilots, deputy pilots or cross-licensed deputy pilots.

(6) Upon the Board's tentative approval of an application:

(a) The applicant, or the applicant's designee, shall, at applicant's expense, pursue an application to the Pilotage Rate Review Board for the establishment of rates of pilotage at the proposed port.

(b) For the proposed port, the Board shall establish such training programs, tests and pilot qualification requirements as are required or permitted by Florida Statutes.

(7) Upon approval by the Board of a program for the proposed port for training, testing and qualifying pilot(s) or deputy(s), or both, and the Board's finding that the Pilotage Rate Review Board has established rates of pilotage for it, the Board shall amend Rule 61G14-21.001 to include that port and the appropriate process for pilot licensing thereat shall begin.

Specific Authority 310.002(4), 310.061, 310.073, 310.075, 310.185 FS. Law Implemented 310.002(4), 310.061, 310.073, 310.075 FS. History– New 3-26-98.