South Carolina Code of Regulations Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE

Here’s a refined overview of Chapter 136 – Commissioners of Pilotage, from the South Carolina Code of Regulations (current through Register Vol 49 No 3, March 28, 2025) (regulations.justia.com). It governs licensing, fees, operations, reporting, and enforcement in two zones: Lower Coastal and Upper Coastal.

🌊 Article 1 – Lower Coastal Area (§ 136‑001 to § 136‑099)

1. Purpose & Scope

Establishes a centralized pilotage system for safe, efficient movement of ocean-going vessels between Cape Romain and the SC side of the Savannah River (scstatehouse.gov).

2. Definitions

Clarifies terms like Apprentice, Pilot, Bar, Short/Full Branch, Vessel, Harbor, etc. (scstatehouse.gov).

3. Licensing & Training

Structured apprenticeship/training programs.

Board of Examiners conducts written and oral exams based on maritime technical subjects (scstatehouse.gov).

4. Fees

Apprenticeship application: $50.

License issuance structured in stages (Short to Full Branch), percentages of annual registration fees.

Commission-paid examiners (scstatehouse.gov).

5. Pilot Vessel Operations

Pilots must maintain at least two privately-owned, 24/7 operational vessels; vessels must be fully equipped (scstatehouse.gov).

Pilot services prioritized, but vessels may support other services if pilot needs are met .

6. Communications

A private, 24/7 communications center handles pilotage orders; liability for information misuse limited .

7. Charges & Billing

Charges set by Commissioners; payment due at departure or within 45 days if credit extended, with 1.5% monthly late interest (scstatehouse.gov).

Extra charges only when additional pilots are needed for safety (scstatehouse.gov).

8. Federal Pilotage

Pilots may also hold federal licenses; they must not overcharge compared to customary rates (scstatehouse.gov).

9. Enforcement & Reporting

Vessels without a required pilot must be reported; pilots assist law enforcement and may operate under MARSEC conditions (scstatehouse.gov).

Reports of marine casualties, hazardous conditions, and violations to Coast Guard and Commissioners (scstatehouse.gov).

10. Response & Appeals

Vessels must request pilotage six hours before bar entry or three hours before departure/shifting in Charleston; 72-hour notice elsewhere (scstatehouse.gov).

Complaint and appeals processes established; penalties follow Title 54 § 15 provisions (scstatehouse.gov).

⚓ Article 3 – Upper Coastal Area (§ 136‑701 to § 136‑799)

Most provisions mirror Article 1 but apply to the area from Little River to Cape Romain:

Highlights Include:

Purpose, Definitions, Area of Jurisdiction (scstatehouse.gov).

Licensing with apprenticeship selection criteria (citizenship, physical fitness per § 54‑15‑90) (casetext.com).

Maximum pilot numbers: 3–5; annual physicals required, Coast Guard certificate accepted (scstatehouse.gov).

Fees (Upper Coastal): First Short Branch $250, Second $100, Full Branch $150, Apprentice $50; annual registration $100 for Full, $50 for Short; examiners receive $50 per exam (scstatehouse.gov).

Pilot vessel requirements, charges, federal pilotage, reporting, appeals, penalties—consistent with Lower Coastal (scstatehouse.gov).

📌 Key Effective & Current Info

Regulations amended through at least May 27, 2016 and updated quarterly; current through March 28, 2025 .

Statutory authority: SC Code §§ 40‑1‑50, 40‑1‑70, 54‑15‑10, 54‑15‑140 (scstatehouse.gov).

✅ Summary Table

Area

Jurisdiction

Apprentice Fee

Short/Full Branch Fee

Registration Fee (Annual)

Lower Coastal

Cape Romain → Savannah River

$50

% of registration fee

Determined annually

Upper Coastal

Little River → Cape Romain

$50

First $250, Second $100, Full $150

Full $100, Short $50

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