CSSB 209(L&C): "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 CS FOR SENATE BILL NO. 209(L&C) 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 a waiver under AS 08.62.180(b) from the 14 mandatory pilotage requirement of this chapter is $1,500 plus $50 for each whole foot
01 in overall length of the vessel that exceeds 60 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 60 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 31 Southeastern Alaska.
01 * Sec. 4. AS 08.62.180 is amended by adding a new subsection to read: 02 (b) Upon written application and payment of the application fee for a waiver 03 by the owner or operator of the pleasure craft, the board may grant a waiver from the 04 pilotage requirement of this chapter to a pleasure craft of foreign registry that is more 05 than 60 feet in length overall, but not more than 173 feet in overall length. The 06 application for a waiver must be submitted to the board at least 30 days before the 07 vessel enters the state. The board shall approve or deny an application for a waiver 08 within 30 days after the application is received by the board. The 30-day period for 09 action by the board to approve or deny a request for a waiver is suspended while the 10 board is awaiting a response to a request by the board for additional information from 11 the applicant. The board may delegate responsibility for reviewing, approving, or 12 denying an application for a waiver under this subsection to the marine pilot 13 coordinator. An application for a waiver must contain the name, address, and 14 telephone number of the applicant; the name, address, and telephone number of the 15 owner of the vessel; a general description of the vessel; and other information that the 16 board may require by regulation. If the waiver is granted by the board, the operator of 17 the vessel shall (1) before entering state water beyond Alaska pilot stations, take 18 onboard a pilot licensed under this chapter and shall proceed to a port of entry 19 designated by the board; and (2) before leaving state water, take onboard a pilot 20 licensed under this chapter at a port designated by the board and shall proceed to an 21 Alaska pilot station. Except as otherwise provided by this subsection or by the board 22 by regulation, while in state water, a vessel that has been granted a waiver under this 23 subsection is not required to employ a pilot licensed under this chapter. The board 24 may revoke a waiver granted under this subsection if the vessel is not operated in 25 compliance with this subsection or with the terms under which the waiver is granted. 26 A waiver granted by the board under this subsection may be subject to such conditions 27 as the board considers appropriate to protect human life, property, and the marine 28 environment. The board may adopt regulations as the board considers necessary to 29 implement this subsection. 30 (c) In this section, 31 (1) "for hire" means for consideration, whether directly or indirectly, to
01 the owner, charterer, operator, agent, or other person having an interest in the vessel; 02 (2) "pleasure craft" means a vessel that does not carry passengers or 03 freight for hire. 04 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).