Title 12 . Professional and Vocational Regulations

Chapter 56 . Big Game Guides and Transporters

Section 990. Definitions

12 AAC 56.990. Definitions

(a) Unless the context indicates otherwise, in this chapter

(1) "agent" means a person residing within the state who acts on behalf of the owner or operator of a vessel with actual or apparent authority for the purposes of securing pilotage services;

(2) "anchoring" means the evolution of maneuvers made to approach and anchor a vessel in an anchorage, beginning with the briefing of the maneuver to the training pilot and ending when the anchor is set and the scope of chain deployed;

(3) "applicant" means an individual who has applied to the department for a licensing action under AS 08.62 or this chapter;

(4) "apprentice" means an individual accepted into a marine pilot apprenticeship program approved by the board, under AS 08.62.093 (b)(6) and 12 AAC 56.033;

(5) "area" means any port, restricted passage, cruise area, or pilotage waters of the inside or coastal waters of Alaska for which a pilot's license is required and a pilotage rate is established under AS 08.62 and this chapter;

(6) "at the conn" means to conduct or direct the maneuvering of a ship;

(7) "candidate" means an individual in any stage of the deputy marine pilot training or apprenticeship program who has not yet made application to the board for licensure;

(8) "compulsory pilotage waters" means those inside coastal waters of Alaska defined in 12 AAC 56.090 and 12 AAC 56.100 where Alaska pilotage is required;

(9) "day" as used in the definition of year, means the same as "day" in 46 C.F.R. 10.103;

(10) "docking" means the evolution of maneuvers made to approach and secure a vessel at a berth, beginning with the briefing of the maneuver to the training pilot and ending when the last line is secured at the berth and

(A) in the Southeastern Alaska Region, includes the approach from the navigation channel, anchorage, or mooring;

(B) in the Southwestern Alaska and Western Alaska Regions, includes the transit from the pilot station to the dock;

(11) "dredging an anchor" means to deploy and utilize an anchor while maneuvering a vessel to moor, anchor, or make secure at a berth;

(12) "fishing vessels" means vessels primarily engaged in the harvesting of fish, shellfish, marine mammals, pearls, shells, or marine vegetation for commercial purposes;

(13) "ice conditions" means the conditions in Cook Inlet that exist when the Cook Inlet Safety Committee impose winter rules;

(14) "incompetent" means the exercise of pilotage duties in a manner which endangers life or property or failure to exercise the requisite knowledge and skill required of a pilot;

(15) "laying to" means the temporary interruption of a vessel's transit for some special purpose that stops but does not anchor or moor the vessel;

(16) "maneuver" means to conn a vessel using one or any combination of propulsion and directional guidance, including the helm, engines, thrusters, tugs, other vessels, or anchors;

(17) "misconduct" means to knowingly violate a provision of AS 08.62, or regulations adopted under authority of AS 08.62, by a person during the course of that person's employment;

(18) "mooring" means the evolution of maneuvers made to approach and secure a vessel to a mooring buoy or buoys, beginning with the briefing of the maneuver to the training pilot and ending when the last line is secured;

(19) "movement" means a docking or undocking, mooring or unmooring, a transit to or from a pilot station, coming alongside an anchored vessel, or anchoring a vessel;

(20) "night" means the period of time between the end of civil twilight when the sun is six degrees below the horizon after sunset and the start of civil twilight when the sun is six degrees below the horizon before sunrise;

(21) "on duty" means being at the conn or assisting the master or navigational officer;

(22) "round trip" is a vessel's passage through a body of water from the entrance or end of navigation to the other entrance or end of navigation and return;

(23) "service" as used in AS 08.62.093 (b) and 12 AAC 56.012, means the time spend on duty on a vessel that is underway;

(24) "standing by" means the time during which a pilot is dispatched to a vessel and is waiting to go on duty to perform pilotage service; "standing by" includes time onboard the vessel, or on shore if the vessel's owner, master, or agent has scheduled a pilot to be available for pilotage duty;

(25) "state licensed marine pilot" or "state marine pilot" means an individual who holds an Alaska license issued under AS 08.62 and this chapter;

(26) "territorial seas" has the meaning given that term in 33 C.F.R. 2.05-5(a) (revised as of December 15, 1995);

(27) "trainee" means an individual who has met the requirements of AS 08.62.093 (a)(1) and (b)(1)-(5), holds the applicable federal pilotage endorsement, passed the deputy marine pilot core examination described in 12 AAC 56.070(e) , and has been accepted by a pilot organization into its training program for the purpose of obtaining supervised vessel movements required for licensure;

(28) "transit" is a vessel's passage through a body of water, from one entrance or end of navigation to the other entrance or end of safe navigation;

(29) "underway" means that a vessel is not a anchor, moored, or made fast to the shore or aground;

(30) "undocking" means the evolution of maneuvers made to depart a berth, beginning with the briefing of the maneuver to the training pilot and ending when the vessel is clear to navigate; the Southwestern Alaska and Western Alaska Regions, "undocking" includes the transit from the dock to the pilot station;

(31) "unmooring" means the evolution of maneuvers made to depart a mooring, beginning with the briefing of the maneuver to the training pilot and ending when the vessel is clear to navigate;

(32) "very large crude carrier" or "VLCC" is any tank vessel of 60,000 gross tons or greater;

(33) "weighing anchor" means the evolution of maneuvers made to depart an anchorage, beginning with the briefing of the maneuver to the training pilot and ending when the vessel is clear to navigate;

(34) "year" as used in AS 08.62.093 (b) means the same as year in 46 C.F.R. 10.103;

(35) "for cause" means due to incompetence or misconduct;

(36) "active port" means a port at which commerce is conducted.

(b) As used in AS 08.62.160 , "navigating" means underway, except that it is not to be construed to require more than one state licensed marine pilot for the combination of a tug and a vessel under tow.

(c) As used in 12 AAC 56.018, 12 AAC 56.019, and 12 AAC 56.029, "vessel movements" includes movements performed as the pilot on duty, or movements performed while supervised and documented by a training pilot.

(d) As used in AS 08.62.165 (a), "pilotage services" includes supervision, evaluation, and pilot performance monitoring of a trainee, apprentice, deputy marine pilot, or marine pilot by a marine pilot holding a training pilot endorsement issued under 12 AAC 56.016.

History: Eff. 6/11/71, Register 38; am 6/19/74, Register 50; am 5/12/78, Register 66; am 7/24/83, Register 87; am 12/26/86, Register 100; am 8/29/87, Register 103; am 7/26/90, Register 115; am 5/13/92, Register 122; am 4/7/93, Register 126; am 10/2/93, Register 127; am 7/15/95, Register 135; am 6/16/96, Register 138; am 6/17/96, Register 138; am 1/23/99, Register 149; am 3/21/99, Register 149; am 5/31/2000, Register 154; am 3/15/2002, Register 161; am 10/24/2002, Register 164

Authority: AS 08.62.040

AS 08.62.160