(a) The board shall

Terms Used In Alaska Statutes 08.62.040

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(1) provide for the maintenance of efficient and competent pilotage service on the inland and coastal water of and adjacent to the state to assure the protection of shipping, the safety of human life and property, and the protection of the marine environment;
(2) consistent with the law, adopt regulations, subject to Alaska Stat. Chapter 44.62 (Administrative Procedure Act), establishing the qualifications of and required training for pilots and providing for the examination of pilots and the issuance of original or renewal pilot licenses to qualified persons;
(3) keep a register of licensed pilots, licensed deputy pilots, and agents;
(4) adopt regulations establishing

(A) pilotage regions in the state;
(B) the criteria for concurring in the amount of license, application, training, investigation, and audit fees proposed by the department under Alaska Stat. § 08.01.065;
(C) the criteria for recognizing pilot organizations under Alaska Stat. § 08.62.175;
(5) make available, upon request, copies of this chapter and the regulations adopted under this chapter;
(6) review and approve the articles, bylaws, and rules of pilot organizations;
(7) audit a pilot organization or an individual pilot as necessary to implement and enforce this chapter;
(8) review and approve training programs conducted by pilot organizations; the board shall cooperate with the Department of Environmental Conservation in the review and approval of training programs for pilots of tank vessels;
(9) establish and publish the dates of future license examinations; and
(10) approve or disapprove rates for pilotage services as provided under Alaska Stat. § 08.62.046.
(b) The board may, by regulation, make any other provision for proper and safe pilotage upon the inland and coastal water of and adjacent to the state and for the efficient administration of this chapter, including establishing

(1) different licensing criteria for a pilotage region if justified by regional differences in piloting;
(2) a mandatory drug and alcohol testing program, including random tests, post-incident tests, and tests based upon reasonable cause, for pilots licensed under this chapter and for trainees and apprentices seeking a license or endorsement under this chapter; the board may delegate responsibility for administration of all or a portion of a testing program to pilot organizations;
(3) criteria for trainee selection and for training programs conducted by pilot organizations;
(4) standards under which a pilot may receive a license or an endorsement to a license to pilot vessels in more than one pilotage region under Alaska Stat. § 08.62.080(b); and
(5) procedures for the review of proposed rates by the board under Alaska Stat. § 08.62.046.
(c) The board may, for good cause, require a pilot licensed under this chapter to submit to a physical or mental examination to determine the pilot’s fitness to perform the duties of a pilot.
(d) Notwithstanding the exemption from Alaska Stat. § 45.50.56245.50.596 granted to pilot organizations under Alaska Stat. § 45.50.572(a), the board may not adopt a regulation or take other action resulting in anti-competitive activities that, if the board were subject to Alaska Stat. § 45.50.56245.50.596, would violate Alaska Stat. § 45.50.56245.50.596.
(e) The board may delegate duties to the marine pilot coordinator as necessary to assist the board in administering and enforcing this chapter.
(f) The board may impose a civil fine on the owner or operator of a pleasure craft of foreign registry who, in violation of this chapter, fails to employ a pilot licensed under this chapter or fails to comply with the pilotage requirement under Alaska Stat. § 08.62.180(b). Notwithstanding Alaska Stat. § 08.01.075, the amount of the civil penalty may not exceed $10,000 for each violation. Each entry into state water in violation of this chapter or Alaska Stat. § 08.62.180(b) is a separate violation.