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HB 66: "An Act relating to the regulation of watercraft noise."

00HOUSE BILL NO. 66 01 "An Act relating to the regulation of watercraft noise." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 05.25 is amended by adding a new section to read: 04  Sec. 05.25.065. REGULATION OF WATERCRAFT NOISE. (a) On the 05 waters of the state a person may not knowingly 06  (1) operate a watercraft powered by an internal combustion engine 07 unless a muffler has been installed on the engine and the muffler is sufficient 08 under normal operating conditions to muffle the sound level of the engine below 09 a maximum sound level of 90 dB A measured 50 feet from the watercraft; 10  (2) give permission for the operation of a watercraft powered by an 11 internal combustion engine if the watercraft is owned by the person or subject to 12 the control of the person unless a muffler has been installed on the engine and the 13 muffler is sufficient under normal operating conditions to muffle the sound level 14 of the engine below a maximum sound level of 90 dB A measured 50 feet from

01 the watercraft; 02  (3) install a muffler cutout on an internal combustion engine used 03 to power a watercraft; 04  (4) operate a watercraft powered by an internal combustion engine 05 if a muffler cutout is installed on the engine. 06  (b) At the request of a peace officer, a person who operates a watercraft 07 powered by an internal combustion engine on the waters of the state shall submit 08 the watercraft to a sound level test to determine the maximum sound level of the 09 watercraft under normal operating conditions. 10  (c) The department shall adopt regulations reasonably necessary to 11 implement this section. 12  (d) In this section, 13  (1) "dB A" means the A-weighted sound level measured in 14 decibels; 15  (2) "knowingly" has the meaning given in AS 11.81.900; 16  (3) "normal operating conditions" has the meaning given in a 17 regulation adopted by the department; 18  (4) "operate" means to navigate or otherwise use a watercraft for 19 recreational or other purposes; 20  (5) "sound level" means the A-weighted sound pressure level 21 measured with fast response using an instrument that satisfies the specification for 22 sound level meters adopted by the American National Standards Institute, Inc., 23 or a successor organization, except that only a weighting and fast dynamic 24 response need be provided. 25 * Sec. 2. AS 05.25.090(b) is amended to read: 26  (b) A person who violates AS 05.25.010(d), [OR] 05.25.020(b), or 27 05.25.065(b) is guilty of a violation, as defined in AS 11.81.900, and may be fined 28 up to $50.