2012 Ocean Ranger Guidebook Revision 3-7-12 - Alaska ...

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2012 Ocean Ranger Guidebook 3-7-12 requirements pertaining to marine discharge and pollution requirements and to insure that passengers, crew, and residents at ports are protected from improper sanitation, health, and safety practices. (b) The ocean ranger shall monitor, observe, and record data and information related to the engineering, sanitation, and health related operations of the vessel, including but not limited to registration, reporting, record-keeping, and discharge functions required by state and federal law. (c) Any information recorded or gathered by the ocean ranger shall be promptly conveyed to the Alaska Department of Environmental Conservation and the United States Coast Guard on a form or in a manner approved by the commissioner of environmental conservation. The commissioner may share information gathered with other state and federal agencies. (d) In this section, "ocean ranger" means (1) a marine engineer licensed by the United States Coast Guard; or (2) a person who holds a degree in marine safety and environmental protection, or an equivalent course of study approved by the department, from an accredited maritime educational institution. Sec. 46.03.480. Fees. (a) There is imposed an environmental compliance fee on each commercial passenger vessel operating in the marine waters of the state. (b) The fee imposed by (a) of this section for all commercial passenger vessels, other than vessels operated by the state, is a separate fee for each voyage during which the commercial passenger vessel operates in the marine waters of the state. The fee shall range from $.70 to $1.75 per berth, based on the overnight accommodation capacity of the vessel, determined with reference to the number of lower berths, according to the following categories: (1) $75 for a commercial passenger vessel with overnight accommodations for at least 50 but not more than 99 passengers for hire; (2) $175 for a commercial passenger vessel with overnight accommodations for at least 100 but not more than 249 passengers for hire; (3) $375 for a commercial passenger vessel with overnight accommodations for at least 250 but not more than 499 passengers for hire; (4) $750 for a commercial passenger vessel with overnight accommodations for at least 500 but not more than 999 passengers for hire; (5) $1,250 for a commercial passenger vessel with overnight accommodations for at least 1,000 but not more than 1,499 passengers for hire; 266
2012 Ocean Ranger Guidebook 3-7-12 (6) $1,750 for a commercial passenger vessel with overnight accommodations for at least 1,500 but not more than 1,999 passengers for hire; (7) $2,250 for a commercial passenger vessel with overnight accommodations for at least 2,000 but not more than 2,499 passengers for hire; (8) $2,750 for a commercial passenger vessel with overnight accommodations for at least 2,500 but not more than 2,999 passengers for hire; (9) $3,250 for a commercial passenger vessel with overnight accommodations for at least 3,000 but not more than 3,499 passengers for hire; (10) $3,750 for each commercial passenger vessel with overnight accommodations for 3,500 or more passengers for hire. (c) The fee imposed by (a) of this section for a commercial passenger vessel that is operated by this state shall be determined by agreement between the commissioner of environmental conservation and the commissioner of transportation and public facilities. (d) An additional fee in the amount of $4 per berth is imposed on all large commercial passenger vessels, other than vessels operated by the state, for the purpose of operating the Ocean Ranger program established in AS 46.03.476 ; said program shall be subject to legislative appropriation. (e) A commercial passenger vessel operating in the marine waters of the state is liable for the fee imposed by this section. The fee is due and payable to the department in the manner and at the times required by the department by regulation. Sec. 46.03.481. Citizens' suits. (a) Any citizen of the State of Alaska may commence a civil action (1) against an owner or operator of a large passenger vessel alleged to have violated any provision of this chapter, or (2) against the department where there is an alleged failure to perform any act or duty under this chapter which is not discretionary. No civil action may be commenced under this section, however, prior to 45 days after the plaintiff has provided written notice of the intent to sue to the Attorney General of Alaska. (b) Subject to appropriation, as necessary, up to 50 percent and not less than 25 percent of any fines, penalties, or other funds recovered as a result of enforcement of this chapter shall be paid to the person or entity, other than the defendant, providing information sufficient to commence an investigation and enforcement of this chapter under this provision. Sec. 46.03.482. Commercial passenger vessel environmental compliance fund. (a) The commercial passenger vessel environmental compliance fund is created in the general fund. 267
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2012 Ocean Ranger Guidebook Revision 3-7-12 - Alaska ...

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