Title 30 — Navigation, Harbors, Shipping, and Transportation Facilities
10 chapters · 87 sections in this title.
AS 30.17.300 Audit.
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The legislative auditor shall audit or shall cause to have audited annually the financial records of the authority. The legislative auditor may prescribe the form and content of the financial records of the authority and shall have access to these records at reasonable times.
AS 30.17.310 Equal use and access.
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If the authority owns, leases, or otherwise operates or controls, or participates in the financing of, a facility, the authority shall, to the maximum extent possible, provide for equal rights of access to and use of the facility by members of the public and other persons or enti…
AS 30.17.320 Succession.
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The authority is dissolved one year after the date of incorporation of a municipality, other than a second class city, that has an area coterminous with or inclusive of the area formerly encompassed by the Adak Naval Air Facility. Upon dissolution of the authority, the municipali…
AS 30.17.330 Purchase of project and leases.
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(a) This chapter does not prevent the inclusion in a lease or other agreement relating to a project of a provision granting the right to purchase the project, or to renew or extend the lease or agreement, upon the terms and conditions that may be provided for in the lease or agre…
AS 30.17.340 Conflicts of interest.
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(a) A member of the authority may not vote on a matter relating to a lease or contract entered into or to be entered into by the authority under this chapter if the member is a party to the lease or contract or has a direct ownership or equity interest in a firm, partnership, cor…
AS 30.17.350 Operation of certain statutes excepted.
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(a) The authority may not be considered to be or constitute (1) a political subdivision of the state as the term is used in AS 37.10.085, (2) a municipal corporation or political subdivision of the state as the terms are used in AS 29, or (3) except as provided in AS 30.17.360, a…
AS 30.17.360 Compliance with Executive Budget Act; finances.
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(a) The operating budget of the authority is subject to AS 37.07 (Executive Budget Act). (b) To further ensure effective budgetary decision making by the legislature, the authority shall (1) annually review the authority's assets to determine whether assets of the authority excee…
AS 30.17.370 Reports and publications.
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Article 5. General Provisions. By January 10 of each year, the authority shall publish a report for distribution to the governor, legislature, and the public. The authority shall notify the legislature that the report is available. The report shall be written in easily understand…
AS 30.17.900 Definitions.
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In this chapter, (1) “authority” means the Adak Reuse Authority created by this chapter; (2) “bonds” means bonds or other obligations issued under this chapter; (3) “business enterprise” means a single proprietorship, cooperative, corporation, firm, partnership, or other associat…
AS 30.30.010 Abandonment of vessel unlawful.
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(a) A person may not store or leave a derelict vessel (1) on the waters of the state or on state or municipal property without the consent of the state agency or municipality having jurisdiction over the water or property; or (2) at any private property without the consent of the…
AS 30.30.015 Civil penalties.
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(a) The department, a municipality, or an aggrieved person may institute a civil action against a person who violates AS 30.30.010. In addition to injunctive and compensatory relief, a civil penalty of not more than $1,000 may be imposed for each violation. An action to enjoin a …
AS 30.30.020 Disposition of certain abandoned vessels.
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[Repealed or reserved.]
AS 30.30.030 Limitation on applicability.
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A vessel does not constitute a derelict vessel under this chapter if the (1) department provides written authorization for the owner to anchor, moor, store, or otherwise leave the vessel within 14 days after the owner anchors, moors, stores, or leaves the vessel; and (2) vessel i…
AS 30.30.040 Pre-impoundment notice and hearing.
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(a) Except as otherwise provided in this chapter, at least 20 days before impounding a vessel, the state agency or municipality responsible for impounding the vessel shall post a written notice on the vessel, if possible, and on the Alaska Online Public Notice System or the munic…
AS 30.30.045 Notice of disposition of derelict vessel.
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(a) After impounding a derelict vessel, the state agency or municipality shall post a notice of disposition on the Alaska Online Public Notice System or the municipality's website and, if possible, on the vessel itself at least 20 days before disposing of the vessel. (b) A duplic…
AS 30.30.050 Public auction.
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[Repealed or reserved.]
AS 30.30.055 Impoundment and disposition of derelict vessel.
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(a) A state agency or municipality may impound a derelict vessel by (1) securing the vessel in place; (2) towing or sailing the vessel to a secure mooring in a location that is authorized by the state agency or municipality; or (3) removing the vessel from the water and placing i…
AS 30.30.060 Possession by interested party.
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An owner or a person having a financial or security interest in a derelict vessel may take possession of it before the date of the public auction, destruction, or donation of the vessel upon payment to the state agency or municipality of all port or harbor use fees, towing, handl…
AS 30.30.065 Impoundment of derelict vessels posing clear and present danger.
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(a) Notwithstanding any other provision of law, a state agency or municipality may impound a derelict vessel immediately if the vessel constitutes a clear and present danger to public health, safety, or general welfare. (b) When action is taken to impound a derelict vessel under …
AS 30.30.070 When public auction not required.
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[Repealed or reserved.]
AS 30.30.075 Liability for derelict vessels.
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Except as provided in AS 30.30.065(e), the owner of a vessel and a person entitled to possession of a vessel impounded under this chapter are jointly and severally liable for all costs incurred by the state agency or municipality in connection with the impoundment, storage, and r…
AS 30.30.080 Effect of sale.
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[Repealed or reserved.]
AS 30.30.090 Derelict vessel.
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A vessel is a derelict vessel if (1) the vessel is sunk or in immediate danger of sinking, is obstructing a waterway, or is endangering public health, safety, property, or the environment; (2) the vessel has been anchored, moored, stored, abandoned, or otherwise left in the water…
AS 30.30.095 Duties and powers of the department.
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The department shall, to the extent that funds are available from the derelict vessel prevention program fund ( AS 30.30.096), (1) establish and administer the derelict vessel prevention program to prevent and deter the abandonment and operation of derelict vessels in the waters …
AS 30.30.096 Derelict vessel prevention program fund.
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(a) The derelict vessel prevention program fund is created in the general fund. The purpose of the fund is to provide a source from which the department may (1) reimburse state agencies and municipalities for expenses related to removal of derelict vessels from waters of the stat…
AS 30.30.100 Disposition of derelict vessel.
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Article 2. Vessels Abandoned on Business Premises of Persons Engaged in Repair Business.
AS 30.30.110 Disposition of vessels by persons in vessel storage or repair business.
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[Repealed or reserved.]
AS 30.30.120 When vessel abandoned.
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A vessel is abandoned on the premises of a vessel storage or repair business when all of the following conditions have been satisfied: (1) the service requested or required by a person whose vessel is towed or brought to a vessel storage or repair business, including towing and r…
AS 30.30.130 Sale or disposition of vessel.
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When a vessel is abandoned, the owner of the vessel storage or repair business, or the business owner's authorized representative, after one public advertisement in a newspaper of general circulation in the state, may negotiate a sale of the vessel or dispose of it. However, the …
AS 30.30.140 Disposition of proceeds.
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The authorized seller of the abandoned vessel is entitled to the proceeds of the sale to the extent that compensation is due to the seller for services rendered with respect to the vessel, including reasonable and customary charges for towing, handling, storage, and the cost of n…
AS 30.30.150 Effect of transfer of title.
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Article 3. Miscellaneous. The transfer of title and interest by sale under AS 30.30.140 is a transfer by operation of law. However, a bill of sale executed by an authorized seller is satisfactory evidence authorizing the transfer of the title or interest.
AS 30.30.160 Regulations. [Repealed, § 14 ch 65 SLA 2013.]
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[Repealed or reserved.]
AS 30.30.165 Enforcement authority.
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(a) The following persons are peace officers of the state for the purpose of enforcing the provisions of this chapter and regulations adopted under this chapter on the waters of the state: (1) an employee of the department or other person authorized by the commissioner of natural…
AS 30.30.170 Definitions.
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In this chapter, (1) “abandoned” means a vessel has been left unattended on private, state, or municipal land or waters of the state without the consent of the landowner or lessee for more than 30 days; (2) “department” means the Department of Natural Resources; (3) “municipality…
AS 30.30.180 Short title.
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This chapter may be cited as the Derelict Vessels Act.
AS 30.50.010 Interfering with buoys and beacons.
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A person who moors a vessel, boat, skiff, barge, scow, raft, or part of a raft to a buoy or beacon placed in the navigable waters of the state, or in a bay, river, or arm of the sea bordering the state by the authority of the United States Coast Guard, or who hangs on with a vess…
AS 30.50.020 Discharging ballast into navigable waters.
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A person, whether or not an officer of a vessel, who discharges the ballast of a vessel into the navigable portion or channel of a bay, harbor, or river of the state, or within the jurisdiction of the state, so as to injuriously affect the navigable portion or channel, or to obst…