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- Alaska Statutes.
- Title 46. Water, Air, Energy, and Environmental Conservation
- Chapter 3. Environmental Conservation
- Section 715. Sale and Use of Tbt-Based Antifouling Paint.
previous: Section 710. Pollution Prohibited.
next: Section 720. Public Water System Plan Review Requirement.
AS 46.03.715. Sale and Use of Tbt-Based Antifouling Paint.
- (a) Except as otherwise provided in this section, a person may not sell or use TBT-based marine antifouling paint or
coating in the state, nor may a person sell, rent, or lease in the state, or import into the state, or use in state
water, a vessel, fishing gear, or other item intended to be partially or completely submerged in water, if the vessel,
gear, or item has been painted or treated with TBT-based marine antifouling paint or coating.
- (b) TBT-based marine antifouling paint or coating need not be removed from fishing gear, or from a vessel or other item
that was painted or treated before December 1, 1987, but the vessel, gear, or item may not be repainted or retreated
with TBT-based marine antifouling paint or coating. Fish culture or capture nets treated with TBT-based marine
antifouling coating before December 1, 1987, may not be used in state water on or after December 1, 1992.
- (c) Notwithstanding other provisions of this section, slow-leaching TBT-based marine antifouling paint may be imported
into and sold in the state. A slow-leaching TBT-based marine antifouling paint may be applied in the state only to
aluminum vessel hulls and lower outboard drive units. Aluminum vessel hulls and lower outboard drive units to which a
slow-leaching TBT-based marine antifouling paint has been applied may be imported into and sold, rented, leased, or
used in the state.
- (d) If a vessel of the United States government, a foreign vessel in state water fewer than 90 consecutive days, or a
vessel of 4,000 gross tons or more was painted or treated with a TBT-based marine antifouling paint or coating before
January 1, 2001, the paint or coating need not be removed, but the vessel may not be repainted or retreated with a
TBT-based marine antifouling paint or coating.
- (e) In this section
- (1) "slow-leaching TBT-based marine antifouling paint" means a TBT-based marine antifouling paint, but not a coating or
other treatment, that has a measured release rate equal to or less than the maximum release rate established for
qualified antifouling paints containing organotin by the U.S. Environmental Protection Agency under 33 U.S.C. 2401 -
2410 (the Organotin Antifouling Paint Control Act of 1988);
- (2) "TBT-based marine antifouling paint or coating" means a paint, coating, or treatment that contains tributyltin, or a
triorganotin compound used as a substitute for tributyltin, and that is intended to control fouling organisms in a
fresh water or marine environment;
- (3) "vessel" means watercraft used or capable of being used as a means of transportation on water, including
- (A) aircraft equipped to land on water; and
- (B) barges.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2004. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort
has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
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Last modified 9/3/2005