Legislative Policy on Bay Area Pilotage

Division 5, Chapter 1 of California’s Harbors and Navigation Code deals with the pilots for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun. Article 1 of Chapter 1 concerns legislative policy and findings.

Section 1100 contains legislative findings and declarations that it is the policy of the state to ensure the safety of persons, vessels, and property using Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun, and the tributaries thereof, and to avoid damage to those waters and surrounding ecosystems as a result of vessel collision or damage, by providing competent, efficient, and regulated pilotage for vessels required by this division to secure pilotage services.

Section 1101 contains eight additional legislative findings and declarations, including that the Bays of San Francisco, San Pablo, and Suisun provide a vital transportation route for the maritime industry. A program of pilot regulation and licensing is necessary in order to ascertain and guarantee the qualifications, fitness, and reliability of qualified personnel who can provide safe pilotage of vessels entering and using Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun.

Moreover, bar pilotage in the Bays of San Francisco, San Pablo, and Suisun has continuously been regulated by a single-purpose state board since 1850, and that regulation and licensing should be continued.

Section 1102 also contains legislative findings and declarations that the enhancement of navigational safety is of the utmost concern in state pilotage. In order to ensure and promote the highest level of safety in pilotage, the board is empowered to effectively monitor and oversee the practices of pilots and prevent fatigue resulting from extended hours of service, insufficient rest within a 24-hour period, and disruption of circadian rhythms.

In Division 5, Chapter 1, Article 2, it concerns the application of these laws. Section 1105 specifies that this division applies to pilots for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun.

Section 1106 prohibits the imposition of any fine or other penalty authorized, or any revocation or suspension of a pilot license or commission by the board without a full and open prior public hearing on the matter.

Section 1107 provides a severability clause.