	Introduction

On November 7, 2007, at about 8:30 a.m., the container ship Cosco Busan sideswiped one of the towers of the San Francisco-Oakland Bay Bridge, ripping a 100-foot by 12-foot gash into the side of the hull and releasing over 50,000 gallons of the ship's bunker fuel into the Bay. Much attention has focused on the timeliness of the Coast Guard's response to the Cosco Busan spill, but the accident has also raised questions about oversight of pilot proficiency and the role of VTSs in harbor navigation. Important policy questions for Congress include whether there is a need for further independent oversight of pilot performance; whether VTSs' should operate more like Air Traffic Control centers; and whether the pilot and ship captain should be required to agree on a passage plan before transiting a harbor? Ever-larger ships, difficult or challenging slow-speed handling characteristics of some of these ships, and rising port traffic that is increasingly foreign-flagged may be cause for a review of pilotage, vessel traffic services, and other safety-related navigation services in U.S. ports. This report describes the role of pilots and VTSs in the safe navigation of ships in U.S. harbors and reviews the controversy over the governance of pilot associations, the appropriate level of interaction between the VTS and pilot, and other proposals for improving the safety of harbor navigation. Pilotage Requirements Vary Among U.S. Ports

Most U.S. ports require that a ship hire a pilot—that is, it is compulsory. State and local pilot associations only have jurisdiction over the pilotage of ships in the foreign trade—that is, ships carrying international cargo. Typically, a sea captain engaged in the domestic trade will carry a Coast Guard pilot's endorsement on his/her captain's license and therefore will not need to hire a pilot upon entrance to a harbor but rather has the authority to pilot the vessel in that harbor. Dual Oversight

Significantly, the Coast Guard cannot suspend or revoke the license of a pilot for misconduct while he or she is piloting a foreign trade vessel. The courts have ruled that the pilot in this instance is acting solely under the authority of a state license. However, the Coast Guard does have the authority (46 U.S.C. Vessel Traffic Services

To assist the pilot and crew with safe navigation, the Coast Guard has established vessel traffic services (VTS) in many ports. AIS was introduced into the shipping industry as a safety measure prior to 9/11. This created a system of dual accountability—to the State of Alaska and to the U.S. Coast Guard. The Marine Board did not call for the Coast Guard to have disciplinary authority over state pilots, but called for the creation of a national commission on pilotage, chartered by Congress, that would set national baseline standards for pilot training and qualifications and would accredit each port's piloting system. The Coast Guard notes emphatically that VTS is an advisory service, not a traffic control center. While VTSs are often compared to an air traffic control tower, the major difference is that VTSs do not give specific "conning" orders to the pilots, such as heading and speed. These are all factors that only an on-board mariner is in position to discern.
On November 7, 2007, a container ship collided with a tower of the San Francisco-Oakland Bay Bridge, spilling 58,000 gallons of the ship's bunker fuel into the Bay. The incident has raised questions about the role of maritime pilots and vessel traffic services (VTSs) in preventing accidents in U.S. harbors, such as: Is there a need for further independent oversight of pilot performance? Could VTSs operate more like Air Traffic Control centers? Should the pilot and ship captain be required to agree on a passage plan before transiting a harbor?
Because of the additional challenges of navigating large ships through the constricted waters of a harbor, most U.S. ports require shipping lines to hire a maritime pilot. Maritime pilots, through a lengthy apprenticeship process and many years of experience, have gained intimate knowledge of the navigational requirements of a particular harbor. Despite the federal government's prominent role in regulating interstate commerce, Congress has largely left it to the various coastal states to regulate pilotage. Pilots are licensed by the state for ships engaged in foreign trade ("registered" vessels carrying international cargo), which accounts for the vast majority of port calls. Typically a state pilot board oversees the hiring, training, and performance of pilots, as well as setting pilotage rates charged to the shipping lines. The U.S. Coast Guard has jurisdiction only over pilots of ships engaged in domestic trade and the courts have ruled that the Coast Guard does not have the authority to suspend or revoke the license of pilots for violations while piloting a foreign-trade ship. To assist pilots, the busiest U.S. ports have established VTS stations to monitor ship traffic and provide relevant information to pilots, such as the location of other ships. While often compared to an air traffic control tower, a VTS is not directly involved in the movement of vessels and is more accurately described as an advisory service than a traffic control center.
Ever-larger ships, difficult or challenging slow-speed handling characteristics of some of these ships, and rising port traffic that is predominantly foreign-flagged have led to proposals concerning pilotage, VTSs, and other safety-related navigation services in U.S. ports. Given the federal interest in marine environmental protection and the Coast Guard's mission to ensure the safety of shipping in U.S. waters, some experts have advocated stronger federal oversight of pilots. They recommend that the Coast Guard or a national commission establish national standards for pilot training and proficiency or that the Coast Guard be given disciplinary authority over state-licensed pilots. State pilots resist greater federal oversight, arguing that the unique geography and navigational requirements of each port justifies local oversight. Whether VTSs should exert more direct control over vessel movement is also raised as a safety measure, but most acknowledge that an experienced on-board mariner is probably in the best position to direct a vessel's movement. Requiring that a pilot and ship captain first agree on a harbor passage plan, investigating language difficulties between pilots and foreign crews, and Coast Guard rotational staffing practices, are other issues policymakers may examine in assessing the safety of ship navigation in U.S. harbors.