Maritime Pilot and Docking Pilot Commission

The New Jersey Maritime Pilot and Docking Pilot Commission "The sea is the same as it has been since before men ever went on it in boats, it’s the boats that have changed." - Ernest Hemingway 2011 Annual Report 163rd Edition Dear Governor and Members of the New Jersey Legislature, With a new year came new challenges for the New Jersey Maritime Pilot and Docking Pilot Commission. Dredg- ing of the main channels has created situations in which aids to navigation have been relocated, channels are nar- rower and the pilots jobs have become more difficult. The Commission made amendments to its existing regula- tions to ensure that state licensed pilots have the proper training and expertise to concur these challenges. Pilots are now required to complete a requisite number of trips on the routes for which they are licensed to ensure they remain conversant with the constant changes of the channels. We are scheduled to begin a new slate of interviews for the Maritime Pilot Apprentice Training Program. This process requires the designated Commissioner to devote a minimum of ten, eight-hour days to the evaluation and interviewing process used to select qualified candidates. Our Occurrence Investigation Committee investigated a total of twenty-eight incidents this year. Major accidents require over 150 hours of a Commissioners time to gather information, review track, review and transcribe VDRs and prepare reports for the Commission to review. The movement of buoys, the dredging of the channels and unaccommodating weather conditions has resulted in three such incidents in 2011. The first female Full Branch Maritime Pilot was sworn in at the Commissions February 15, 2011 meeting. Cap- tain Elizabeth Miller began her apprenticeship with the Sandy Hook Pilots Association on November 2, 1998. A graduate of SUNY Maritime, she has paved the way for women to enter this male dominated field. The height of the Bayonne Bridge continues to be a threat to the viability of our ports. At its current height (151 feet) it is an obstacle for larger ships doing business with marine terminals west of the bridge. This issue be- comes especially critical with the anticipated opening of the improved locks on the Panama Canal in 2013. If not addressed, Port Elizabeth, Port Newark and the Howland Hook terminals will become unreachable by the larger container ships and vessel owners will look to utilize other ports. The New Jersey Maritime Pilot and Docking Pilot Commission continues to move forward in its efforts to ensure a safe pilotage system in the state of New Jersey. Our Commissioners perform a number of multiple tasks which are outlined in the “Overview” section of this report while continuing to operate on revenue received from New Jersey licensed pilots without utilizing any taxpayer dollars. We would be pleased to have members of the Legislature or members of their staffs attend any of our regular public meetings. A full list of meeting dates can be found on our website, which is updated regularly at www.state.nj.us/transportation/maritimepilot. Respectfully Submitted, Thomas F. Daly President, The New Jersey Maritime Pilot and Docking Pilot Commission Overview of the Commission This Commission was formed in 1837 to license and regulate the pilots who are in charge of the navigation of seagoing vessels as they enter the Port of New Jersey/New York, ma- neuver within the port, and depart the port. There is currently a cadre of eighty-four pilots and apprentices regulated by this Commission. The Commission is an “in but not of” agency located within the NJDOT. There is also a six member New York Commission of Pilotage which licenses an additional forty-three of the Port’s pilots. Similar in structure to the N.J. Commission, the N.Y. Commission’s paid members also have maritime back- grounds. The six New Jersey Commission members are nominated by the Governor and, with the advice and consent of the Senate, serve three year terms. The Commission is bipartisan— the applicable statute mandates that not more than three Commissioners can be members of the same political party. The statute also requires that Commissioners “shall be se- lected from among such persons as have been officers in our naval, Coast Guard or merchant service, or have been duly qualified as United States Merchant Marine Officers.” No member shall have a direct or indirect financial interest in pilotage service. All salaries and expenses of the Commission are paid from revenues received from N.J. licensed pilots. Consequently, there is no cost to taxpayers. In 2004 there was a significant expansion of the scope of the Commission’s responsibili- ties which was occasioned by post 9/11 maritime security and safe navigation issues. The Commission brought these concerns to the attention of the legislature and drafted legisla- tion which was ultimately enacted into law. These reforms have enhanced security and the quality of pilotage. Pilots licensed by the State of New Jersey pilot in excess of 10,000 vessels annually. A significant percentage of these ships are heavily laden with bunker oil. Many exceed 900’ in length. In the case of tank vessels, their cargoes may consist of millions of gallons of pe- troleum based products, including highly volatile fuels. There are chemical tankers which transport toxic and explosive chemicals. High value cargoes are carried on container- ships. Mishaps have the potential to cause widespread death and destruction, as well as substantial interruption to the region’s economy. The pilots licensed by the New Jersey and New York Commissions enjoy an enviable safety record. In addition to attending regular and special meetings, the Commissioners’ have a myriad of duties including but not limited to: accident investigation, apprentice pilot selection, production, administrating and grading of pilot exams, review and approval of apprentice training, and recurrent training programs. Because the Commission can convene as a tri- bunal of experts in the field, it hears and adjudicates penalty actions. Absent this expertise, these matters would have to be referred to an Administrative Law Judge. This would both delay the process and increase the attendant costs. Every incident which occurs with a New Jersey pilot aboard must be promptly investigated by a Commissioner for the purpose of determining causation and ascertaining if pilot er- ror contributed to the accident. There were twenty-eight investigations in 2011. Major accident investigations can, and have, required over 150 hours of a Commissioner’s time to ascertain the facts and prepare reports for the Commission’s review and action. Be- cause the Commission is the only state or federal agency empowered to suspend or re- voke a pilot’s license, it alone can act promptly if it turns out that an individual pilot has a problem which could cause another accident. Although the Coast Guard and the NTSB may also conduct investigations, they do not have licensure jurisdiction. In addition, it is not unusual for these agencies’ investigation to take a year or more, which is unacceptable when prompt action may be essential to preventing future accidents. During the most recent round of the apprentice selection process, the responsible Com- missioner devoted in excess of 10 days to the evaluation and interviewing process used to select apprentice pilots. Prior to being licensed, graduates of the apprentice training program must pass an examination which tests their knowledge of the Rules of the Road, sea- manship, ship handling, tides and channels. This examination is produced, monitored and graded under the supervision of a Commissioner. It can take the examinee four-eight hour days to complete. If the examinee does not pass the exam, the Commission will not issue a license. Commissioners often board vessels with the pilot and act as pilot observers for the purpose of staying current with issues pilots confront such as, changing channel conditions, the quality of the crews on ships being piloted and changes in berth design. This also af- fords a Commissioner the opportunity to engage pilots in conversations, other than at for- mal meetings, in order to ascertain their views with respect to the need for changes that the Commission is empowered to make. These observation trips can consume a consid- erable amount of a Commissioners time. A number of joint committees exist with the New York Commission. In addition to the apprentice selection committee process discussed above, at least four times annually a New Jersey Commissioner meets with the “Pension and Surcharge Committee,” whose members are a New York Commissioner, pilots, industry representatives and an actuary. This committee decides the level of the surcharge needed to adequately fund equipment purchases and pilot’s retirement accounts. A New Jersey Commissioner sits on this committee as a result of the provisions of New York law. AN ABSTRACT OF THE PROCEEDINGS OF THE COMMISSIONERS At its Annual Organization Meeting in January 2011, the following officers were elected to serve for the 2011 calendar year: Thomas F. Daly President Timothy J. Dacey Vice President Stanley E. Wiklinski Treasurer Charles Wowkanech Secretary Charles E. Stapleton* *Commissioner Stapleton was appointed to the Commission on May 17, 2011. The President made the following committee appointments: Apprentice & Recurrent Training Budget Committee Harbor Ops/Coast Guard Liaison Thomas F. Daly Charles Wowkanech Timothy J. Dacey Charles Wowkanech Thomas F. Daly Capital Improvements & Pension Surcharge Charles Wowkanech Apprentice Selection Committee Thomas F. Daly Stanley E. Wiklinski Stanley Wiklinski Occurrence Investigation Charles Wowkanech Timothy J. Dacey Examination Committee Thomas F. Daly Audit Committee Thomas F. Daly Timothy J. Dacey Stanley E. Wiklinski Safety Committee Thomas F. Daly Timothy J. Dacey Charles Wowkanech Charles Wowkanech The Commission held a total of twelve regular meetings, one special meeting, various committee meetings and investigated twenty-eight incidents during 2011.

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