Enrolled HB 216: Relating to obstruction or interference with a person's free passage on or use of navigable water; and amending the definition of "navigable water" under the Alaska Land Act.
00Enrolled HB 216 01 Relating to obstruction or interference with a person's free passage on or use of navigable 02 water; and amending the definition of "navigable water" under the Alaska Land Act. 03 _______________ 04 * Section 1. AS 38.05.128(a) is amended to read: 05 (a) A person may not obstruct or interfere with the free passage or use by a 06 person of any navigable water unless the obstruction or interference is 07 (1) authorized by law or regulation or by a permit issued by a 08 [FEDERAL AGENCY AND A] state agency; 09 (2) [AUTHORIZED UNDER A FEDERAL OR STATE LAW OR 10 PERMIT; 11 (3)] exempt under 33 U.S.C. 1344(f) (Clean Water Act); 12 (3) [(4)] caused by the normal operation of freight barging that is 13 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, whether in 08 a frozen or liquid state, and for any useful public purpose, including [BUT NOT 09 LIMITED TO] water suitable for commercial navigation, floating of logs, landing and 10 takeoff of aircraft, and public boating, trapping, hunting waterfowl and aquatic 11 animals, fishing, or other public recreational purposes;