Legislature(2003 - 2004)
05/08/2003 02:16 PM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 251
An Act exempting certain foreign pleasure craft from
the mandatory pilot age requirement.
Co-Chair Harris MOVED to ADOPT work draft version #23-
LS0865\X, Utermohle, 5/7/03, as the version of the bill
before the Committee. There being NO OBJECTION, it was
adopted.
RANDY RUARO, STAFF, REPRESENTATIVE BILL WILLIAMS, explained
the changes made to the committee substitute. Under the
bill, foreign flagged vessels would be divided into three
classes of foreign flagged recreational vessels. Those
under 60' long would not need a marine pilot and vessels
over 60' and under 173' would have opportunity to obtain a
waiver from the pilotage requirement. That would depend if
the requirements determined by the Board of Marine Pilots
had been meet. Foreign flagged recreational vessels over
173' would continue to need a pilot. The Board of Marine
Pilots would establish the standards met.
Co-Chair Harris asked how the 173' number had been
determined. Mr. Ruaro replied that number would cover the
top end of vessels that have come into the State over the
past few years. The marine pilots wanted the number to be
as low as possible and that the maximum should have been
less.
REPRESENTATIVE BETH KERTTULA referenced a letter in the file
from Rear Admiral Underwood referencing gross tonnage. Mr.
Ruaro advised that the maritime gross tonnage measurement is
a volume measurement and that marine architects are good at
getting around gross tonnage requirements.
Representative Kerttula asked if most maritime laws dealt in
gross tonnage. Mr. Ruaro acknowledged that this is a
different approach; however, the standard regulation lists
in gross tonnage.
REX SHATTUCK, STAFF, REPRESENTATIVE NANCY DAHLSTROM,
explained that internationally, the standard is read in
meters and since Alaska does not use meters, feet have been
added.
Representative Stoltze suggested that the marine pilots
would know best how to navigate the fragile waters of
Southeast. He imagined that there are safety concerns with
the legislation.
Mr. Ruaro interjected that in setting the standard, a waiver
or exemption applicants would have to meet the Board of
Marine Pilots reserve.
Co-Chair Harris agreed that this has been an on-going
process and that he would not want to do anything to
jeopardize the safety of people on board. The marine pilots
are an important service to the operation of marine vessels
in Alaska, especially for the larger vessels. He pointed
out that the legislation does provide for a size waiver.
Competent people will pilot the vessels if the Marine Pilot
Board is not satisfied that a ship of a certain size coming
into Alaska waters is safely piloted. There will be
financial benefit to the State. The State is attempting to
reach a compromise with the companies that bring the large
yachts to Alaska and these people are not poor.
Mr. Shattuck pointed out the section of the bill that
imposes a civil fine for violations in not using a pilot.
KATE TESAR, LOBBYIST, ALASKA YACHT SERVICES & PROVISIONING,
voiced her appreciation to the Chairman and his staff in
working out a solution. The bill is a good compromise.
Under Co-Chair William's direction, there is now a fee
structure that will raise approximately $102 million dollars
and that vessels would also a fee for exemptions. She noted
the overwhelming coastal support.
Representative Kerttula asked why the change from tonnage to
feet. Ms. Tesar explained that there is no correlation
between tonnage and footage. Part of the problem is that
with yachts, it is difficult to determine how much they
weigh. Using footage makes identification easier.
Representative Kerttula asked if most pleasure craft would
be less than 300 gross tons. Ms. Tesar did not know. They
are built to varying specifications and that there is "no
rule of thumb".
Vice-Chair Meyer asked how the waiver would work. Ms. Tesar
replied that the Department would have 30 days to receive
back a response.
Representative Kerttula asked if there had been input
received from the marine pilots. Ms. Tesar was not
comfortable responding to that question.
RICK URION, DIRECTOR, OCCUPATIONAL LICENSING, DEPARTMENT OF
COMMUNITY AND ECONOMIC DEVELOPMENT, spoke to the problems
with the proposed legislation. There are a couple of
"hoops" that will be difficult for the Department to "jump
through". The first concern is in regard to the listed
length listed of 173'. He stated that number had been
determined as a compromise that satisfied someone's personal
concern and stressed that was not a good way to address
public policy. The number should be based on real facts.
TAPE HFC 03 - 84, Side A
Mr. Urion added that the Board should have the power in
making decisions regarding establishment of the criteria.
The Board can respond and make those decisions. He
requested that the Department be given that authority.
Co-Chair Williams replied that there had been pilots
involved in making these decisions. He asked if the
Department had provided previous input on the consideration.
Mr. Urion acknowledged that the he had known about the bill
since inception but had not participated in the meetings.
Co-Chair Williams reiterated that the Department had not
participated.
Co-Chair Williams asked what Mr. Urion wanted the Committee
to do. Mr. Urion advised that he wants to make it easier
for people to get licenses. Co-Chair Williams reiterated
that the concern has been before the Committee since the
beginning of the year. Co-Chair Harris interjected that the
process has a way to go and that Mr. Urion would be able to
place further departmental input down the road.
Co-Chair Harris MOVED to report CS HB 251 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CS HB 251 (FIN) was reported out of Committee with a "no
recommendation" and with a new note by the Department of
Community & Economic Development.
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