The Commissioner shall determine if there is need for an additional state
Commissioned Pilot for District Three. The Commissioner shall request advice
from the existing Commissioned Full Branch Pilots and may obtain further advice
and information from any other source prior to making a determination in
respect to need. Commissions are issued in a limited number, in light of
legitimate interests of the Commonwealth, of the public, and of the existing
Commissioned Pilots. No individual has an entitlement or right to obtain a
Commission as a Pilot, or to train for the same.
(2) The Commissioner's decision shall be made
after consideration of the various factors pertaining to such need, which shall
include, but not be limited to: supply and demand for pilotage service, pilot
fatigue prevention, safety and efficiency in furnishing pilotage services, and
the interest in public and maritime industry in having available a reasonable
number of experienced, professional and efficient pilots.
(3) The Commissioner shall make a separate
determination of need with regard to Transit Pilots. A need for an additional
Transit Pilot shall be found to exist only if the anticipated supply of
pilotage services available from the existing Full Branch, Warrant and Transit
Pilots appears to be insufficient to serve the anticipated demand from vessels
as to which pilotage is compulsory under M.G.L. c. 103.