00                       CS FOR HOUSE BILL NO. 216(RES)                                                                    
01 "An Act relating to obstruction or interference with a person's free passage on or use of                               
02 navigable water; and amending the definition of 'navigable water' under the Alaska                                      
03 Land Act."                                                                                                              
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 38.05.128(a) is amended to read:                                                                   
06            (a)  A person may not obstruct or interfere with the free passage or use by a                                
07       person of any navigable water unless the obstruction or interference is                                           
08                 (1)  authorized by law or regulation or by a permit issued by a                                     
09       federal or [AGENCY AND A] state agency;                                                                       
10                 (2)  [AUTHORIZED UNDER A FEDERAL OR STATE LAW OR                                                        
11       PERMIT;                                                                                                           
12                 (3)]  exempt under 33 U.S.C. 1344(f) (Clean Water Act);                                                 
13                 (3) [(4)]  caused by the normal operation of freight barging that is                                
14       otherwise consistent with law; or                                                                                 
01                 (4) [(5)]  authorized by the commissioner after reasonable public                                   
02       notice.                                                                                                           
03    * Sec. 2. AS 38.05.965(14) is amended to read:                                                                     
04                 (14)  "navigable water" means any water of the state forming a river,                                   
05       stream, lake, pond, slough, creek, bay, sound, estuary, inlet, strait, passage, canal, sea                        
06       or ocean, or any other body of water or waterway within the territorial limits of the                             
07       state or subject to its jurisdiction [,] that is navigable in fact in any season and for any                  
08       useful public purpose, including [BUT NOT LIMITED TO] water suitable for                                          
09       commercial navigation, floating of logs, harvesting of ice, state or federal military                         
10       training, landing and takeoff of aircraft, operation of boats or other watercraft,                        
11       hovercraft, snow machines, all-terrain vehicles, and other motorized or                                       
12       nonmotorized vehicles, storage of vehicles, and [PUBLIC BOATING,] trapping,                                   
13       hunting [WATERFOWL AND AQUATIC ANIMALS], fishing, or other public                                                 
14       recreational purposes;