SCS CSHB 251(TRA): "An Act relating to exemption of certain foreign pleasure craft from the mandatory pilotage requirement and to civil fines imposed on the owner or operator of a pleasure craft of foreign registry; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 251(TRA) 01 "An Act relating to exemption of certain foreign pleasure craft from the mandatory 02 pilotage requirement and to civil fines imposed on the owner or operator of a pleasure 03 craft of foreign registry; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.62.040 is amended by adding a new subsection to read: 06 (f) The board may impose a civil fine on the owner or operator of a pleasure 07 craft of foreign registry who, in violation of this chapter, fails to employ a pilot 08 licensed under this chapter or fails to comply with the pilotage requirement under 09 AS 08.62.180(b). Notwithstanding AS 08.01.075, the amount of the civil penalty may 10 not exceed $10,000 for each violation. Each entry into state water in violation of this 11 chapter or AS 08.62.180(b) is a separate violation. 12 * Sec. 2. AS 08.62.140 is amended by adding a new subsection to read: 13 (b) The fee for an application for an exemption under AS 08.62.180(b) from 14 the mandatory pilotage requirement of this chapter is $250 plus $50 for each whole
01 foot in overall length of the vessel that exceeds 65 feet. 02 * Sec. 3. AS 08.62.180 is amended to read: 03 Sec. 08.62.180. Exemptions. This chapter does not apply to 04 (1) vessels subject to federal pilot requirements under 46 U.S.C. 8502 05 except as provided in AS 08.62.185; 06 (2) fishing vessels, including fish processing and fish tender vessels, 07 registered in the United States or in British Columbia, Canada; 08 (3) vessels propelled by machinery and not more than 65 feet in length 09 over deck, except tugboats and towboats propelled by steam; 10 (4) vessels of United States registry of less than 300 gross tons and 11 towboats of United States registry and vessels owned by the State of Alaska, engaged 12 exclusively 13 (A) on the rivers of Alaska; or 14 (B) in the coastwise trade on the west or north coast of the 15 United States including Alaska and Hawaii, and including British Columbia, 16 Yukon Territory, and Northwest Territories, Canada; 17 (5) vessels of Canada, built in Canada and manned by Canadian 18 citizens, engaged in frequent trade between 19 (A) British Columbia and Southeastern Alaska on the inside 20 water of Southeastern Alaska south of 59 degrees, 29 minutes North latitude, if 21 reciprocal exemptions are granted by Canada to vessels owned by the State of 22 Alaska and those of United States registry; or 23 (B) northern Alaska north of 68 degrees, 7 minutes North 24 latitude and Yukon Territory or Northwest Territories; 25 (6) pleasure craft of United States registry; 26 (7) pleasure craft of foreign registry of 65 feet or less in overall 27 length [LESS THAN 300 GROSS TONS AS MEASURED UNDER 46 C.F.R. 69.51 28 - 69.75]; and 29 (8) vessels of the Canadian Navy or Canadian Coast Guard that have a 30 home port in British Columbia, Canada, while navigating the inside water of Southeast 31 Alaska.
01 * Sec. 4. AS 08.62.180 is amended by adding new subsections to read: 02 (b) The operator of a pleasure craft of foreign registry of more than 65 feet 03 overall length but less than 175 feet overall length may apply for an exemption from 04 the pilotage requirement of this chapter. If an exemption is applied for and the fee 05 prescribed under AS 08.62.140(b) is paid, the board may issue the exemption to the 06 operator of the vessel. The exemption is valid for one year from the date on which the 07 exemption is issued. The application for an exemption must be submitted to the board 08 at least 30 days before the vessel enters the state. The board shall approve or deny an 09 application for the exemption within 10 working days after the application is received 10 by the board. If the board does not approve or disapprove the application within 10 11 working days, the exemption is considered to be approved, and the board shall issue 12 the exemption. The 10-day period for action by the board is suspended while the 13 board is waiting for a response to a request by the board for additional information 14 from the applicant. An exemption issued under this subsection may be revoked by the 15 board if the vessel is not operated in a manner that is appropriate to protect human life, 16 property, and the marine environment or if the vessel does not comply with all 17 applicable local, state, and federal laws. The exemption must remain on the vessel 18 while the vessel is in state water. An exemption issued under this subsection does not 19 exempt a vessel from the requirement to employ a pilot licensed under this chapter 20 while the vessel is in Wrangell Narrows or in the water between Chatham Strait and 21 Sitka via Peril Strait. 22 (c) The operator of a pleasure craft of foreign registry of more than 65 feet 23 overall length but not more than 125 feet overall length that has received an exemption 24 under (b) of this section shall proceed upon initial entry into state water to the first 25 port of call to receive navigational and safety information from an agent registered 26 under AS 08.62.040(a)(3) who is employed by the operator of the vessel. The 27 navigational and safety information provided by the agent must be approved by the 28 marine pilot coordinator and annually reviewed, revised, and approved as appropriate 29 by the board at its spring meeting. 30 (d) The operator of a pleasure craft of foreign registry of more than 125 feet 31 overall length but less than 175 feet overall length that has received an exemption
01 under (b) of this section shall employ a pilot licensed under this chapter from initial 02 entry into compulsory pilotage water of the state to the first port of call. The marine 03 pilot shall provide navigational and safety information relating to the pilotage region 04 to the operator of the vessel. 05 (e) In (b) - (d) of this section, 06 (1) "for hire" means for consideration contributed as a condition of 07 carriage on a vessel, whether directly or indirectly flowing to the owner, charterer, 08 operator, agent, or other person having an interest in the vessel; 09 (2) "pleasure craft" means a vessel that does not carry passengers or 10 freight for hire. 11 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).