17 AAC 70.250. General prerequisites for private use

(a) It is the policy of the Alaska Marine Highway System to allow private sector vessels to use marine highway system terminal facilities if

(1) a terminal facility of similar capacity is not available in a specific locality;

(2) the vessel is compatible in size and configuration to the particular marine highway system terminal facility;

(3) the private sector vessel is a passenger vessel, cargo vessel, or passenger-related ferry vessel, with roll-on, roll-off capabilities;

(4) use of the marine highway system terminal facilities does not interfere in any way with the schedules of the marine highway system or maintenance to terminal facilities;

(5) jurisdiction over the operations of the vessel by the appropriate customs and immigration service is arranged by the vessel operator so that no disruption of ferry service or terminal operations occurs;

(6) no marine highway system terminal facility modifications are required to accommodate the particular vessel;

(7) the vessel and its owners and operators hold and save the state, its officers, agents, and employees harmless from liability of any nature or kind, including costs and expenses for or on account of any and all legal actions or claims of any kind resulting from injuries or damages sustained by a person or persons, or property, arising from the vessel's use of marine highway system terminal facilities;

(8) the vessel owners and operators maintain insurance satisfactory to the state and, before using marine highway system terminal facilities, file certificates of insurance which, if required by the system director, also provide for a 30-day prior notice of cancellation, nonrenewal, or material change in the insurance.

(b) Fees for use of terminals and terminal operations are set out in the Terminal and Terminal Operation Tariff, dated November, 1992. The Terminal and Terminal Operation Tariff dated November, 1992 is available from the Alaska Marine Highway System, P.O. Box 25535, Juneau, Alaska 99802-5535; phone: (907) 465-3955; fax: (907) 465-2024.

(c) The system director for the Alaska Marine Highway System, with the approval of the commissioner, may enter into contracts for the use of marine highway system terminal facilities for periods of up to five years if the system director makes a written determination that the contract is in the state's best interest. Subject to indexing for cost of living or adjustment of contract charges and other monetary provisions, the system director may grant contract options for an additional period not to exceed five years. If charges established in the contract are different from published tariffs under (b) of this section, the charges established under the contract control.

(d) The system director for the Alaska Marine Highway System may allow the use of marine highway system terminal facilities by vessels on a single use basis, if the system director makes a written determination that the use is in the state's best interest.

History: Eff. 9/22/84, Register 91; am 1/23/93, Register 125

Authority: AS 44.42.020

AS 44.42.030

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