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CSHB 251(FIN) am: "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 HOUSE BILL NO. 251(FIN) am                                                                  
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 175 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).