Title 12 . Professional and Vocational Regulations

Chapter 56 . Big Game Guides and Transporters

Section 210. Tariff for Southeastern Alaska Region

12 AAC 56.210. Tariff for Southeastern Alaska Region

(a) The tariff published and charged by a pilot, or a pilot organization on behalf of its members, for the provision of pilotage services in the Southeastern Alaska Region may not exceed the charges established in this section.

(b) For all vessels, except passenger vessels,

(1) port charges (one way) may not exceed the following:

Ketchikan ...................................................$ 821 Metlakatla .....................................................821 Klawock ......................................................1,001 Ward Cove ......................................................821 Wrangell .......................................................894 Shoemaker Bay ..................................................894 Petersburg .....................................................894 Duncan Canal .................................................1,109 Sitka ..........................................................821 Juneau .........................................................821 Juneau Oil Docks ...............................................959 Haines, Chilkoot ...............................................959 Haines, Lutak ..................................................959 Skagway ........................................................959 Skagway Ore Dock .............................................1,109 Yakutat Bay ....................................................900 Hydaburg .....................................................1,001 Kake .........................................................1,001 Hoonah .......................................................1,001 Hobart Bay ...................................................1,001 Long Island ..................................................1,001 Dora Bay .....................................................1,001 Hawk Inlet ...................................................1,001 Green Cove ...................................................1,001 Unlisted Ports .................................................900

(2) entry, transit, and departure for each of the following areas constitutes a single event that may not exceed a charge of $234:

(A) Wrangell Narrows;

(B) Sergius and Whitestone Narrows, including transit through both on the same day in the same direction;

(C) Tlevak Narrows;

(D) Boca de Finas and San Christoval Channels, including transit through both locations on the same day in the same direction;

(3) overtime may not exceed a charge of $75 per hour or portion of an hour when one pilot exceeds eight continuous hours on duty; on transits anticipated to be over eight continuous hours, two pilots are required, and the charge for a second pilot may not exceed 50 percent of the applicable charge for the first pilot;

(4) charges for anchoring or waiting for a berth may not exceed $266; anchoring or laying to for loading cargo or discharging cargo is considered as a regular port charge, and all other applicable charges may be assessed as if the vessel was moored.

(c) For all passenger vessels,

(1) port charges (one way) may not exceed the following:

Ketchikan .................................................$ 821 Wrangell .................................................... 894 Petersburg ...................................................894 Sitka ........................................................821 Juneau .......................................................821 Haines, Chilkoot .............................................959 Haines, Lutak ................................................959 Skagway ......................................................959

(2) entry, transit, and departure for each of the following areas constitutes a single event that may not exceed the charge indicated below:

Glacier Bay ...............................................$2,345 Tracy Arm ..................................................1,170 Endicott Arm ...............................................1,170 Misty Fjords ...............................................1,170 Sergius and Whitestone, including transit through both locations on the same day in the same direction ..................234 Wrangell Narrows .............................................234 Tlevak Narrows and Tlevak Strait, including transit through both on the same day in the same direction ............234 Boca de Finas and San Christoval, transit through both on the same day in the same direction ...........................................234

(3) additional charges based on the number of passengers may not exceed a mileage rate of 8.51 mills times the actual number of passenger berths on board for sale times the number of miles transited in the inside waters of the Southeastern Alaska Region, excluding miles transited in the areas identified in (2)(A) - (2)(D) of this subsection; the actual number of berths for sale used in setting the charge may be not less than 200, but may not exceed 1,000 berths;

(4) the charge for anchoring or waiting for a berth may not exceed $266; anchoring or laying to for loading passengers or discharging passengers is considered as a regular port charge, and all charges may be assessed as if the vessel was moored.

(d) All vessels with a draft in excess of 32 feet may be charged at the rate not to exceed $21.72 per foot or portion of a foot. This charge may be computed separately for each entry into or departure from a port or area identified in (c)(2)(A) - (c)(2)(D) of this section.

(e) The charge based on tonnage and draft may be calculated using a tonnage unit system that has a rate not to exceed $2.49 per unit for all units in excess of 163 units. This charge may be computed separately for each entry into or departure from a port or area identified in (c)(2)(A) - (c)(2)(D) of this section. Tonnage units are calculated as follows:

overall length x extreme breadth x depth

10,000

For the purpose of determining a tonnage unit

(1) overall length is the distance between the forward and after extremities of the vessel;

(2) extreme breadth is the maximum breadth to the outside of the shell plating of the vessel;

(3) depth is the vertical distance of amidships from the top of the keel plate to the uppermost continuous deck fore and aft and which extends to the sides of the vessel; the continuity of a deck shall not be considered to be affected by the existence of tonnage opening, engine space or a step in the deck; and

(4) all measurements shall be in feet and inches.

(f) The charge for a dock to dock commercial movement of a vessel within a harbor may not exceed one-half the regular port charges. A charge for moving a vessel from dock to dock, dock to anchorage, anchorage to anchorage, or anchorage to dock for bunkering or other non-commercial reasons, within a harbor, may not exceed $320 per movement. A dock to dock shift of a vessel constitutes two separate movements for charging purposes.

(g) The charge for docking and undocking a vessel in the absence of the use of the vessel's own propulsion system and a stern-to docking of that vessel may not exceed a 50 percent increase over the regular charge for the movement.

(h) In the event of an emergency involving the safety of the vessel, crew, or passengers, a charge may not be assessed by the pilot, except for transportation and per diem incurred for the pilot to respond to the emergency.

(i) A pilot may charge for the actual cost of travel expenses, including airplane and ferry fares, cab fares, telegrams, telephone calls, and other expenses pertaining to vessel's business, plus the per diem rate allowed for tax purposes by the United States Internal Revenue Service for meals and lodging for the 1992 tax year. The per diem rate shall be distributed 60 percent to hotel, 20 percent to dinner, 10 percent to lunch, and 10 percent to breakfast, rounded to the nearest dollar, but in no instance may the rate exceed the total per diem rate. If adequate meals and rooms are not furnished to the pilot when on ship, an additional charge may be assessed by the pilot in accordance with the distribution of per diem rate as described in this subsection.

(j) Additional charges may be assessed for the services of a pilot, as follows:

(1) when, due to weather and transportation difficulties, a pilot is required to leave in advance to ensure meeting a vessel upon its arrival or departure, or the pilot is delayed returning from a piloting assignment, that additional time may be charged at a rate not to exceed $75 per hour up to a maximum of $600 per day for each day a pilot is in transit or on standby; this charge need not include hours spent in an actual work day in which piloting duties were performed;

(2) the charge for detention time on board ship when no other charges accrue during the day may be at the rate not to exceed $75 per hour per pilot up to a maximum of $600 per pilot per day; a pilot carried to sea may be paid the same rate for each day the pilot is detained, plus the pilot may charge for first class transportation back to Ketchikan and per diem;

(3) the charge for trip cancellation may not exceed $266, plus transportation and per diem charges in accordance with (i) of this section;

(4) an out-of-area charge, in lieu of charges for detention and travel time, may not exceed one and one-half times the maximum detention rate set in paragraph (2) of this subsection; this paragraph is not applicable within 100 miles of the Southeast Alaska Region;

(5) when an agent, owner, or master of a vessel does not correct an estimated time of arrival and notify the pilot within four hours of the last time of arrival given, compensation not to exceed $75 per hour or $600 per day may be charged until actual arrival of the vessel at a pilot station;

(6) when sailing time of a vessel is set by an agent, owner, or master of a vessel, any delay over one hour from the set time may be charged at the rate not to exceed $75 per hour or portion of an hour and may not exceed $600 per day; if a pilot is detained for one hour or less, no detention charge may be assessed; if a pilot is detained for more than one hour, detention may be charged for the first hour and succeeding hours in accordance with (2) of this subsection;

(7) when an agent, owner or master of a vessel requests a pilot to stay on board a vessel on a continuous basis while the vessel is docked or anchored at a port or anchorage, the charge may not exceed $533 per day.

(k) For purposes of this section, travel, standby, and work days begin and end at midnight. Each charge accruing at any point within a midnight to midnight time period may be assessed.

( l ) The maximum tariff for the Southeastern Alaska Region established in this section is repealed June 30, 1994.

History: Eff. 5/13/92, Register 122; am 11/7/93, Register 128

Authority: AS 08.62.040

AS 08.62.045