18 AAC 75.443. Prevention credits for nontank vessels

(a) A nontank vessel plan applicant may apply to the department for a prevention credit for measures taken to prevent an oil spill. To obtain a prevention credit, the nontank vessel owner or the owner's representative must submit an affidavit to the department listing each prevention measure listed in Table E of this subsection employed by each vessel and stating the class of vessel to which that vessel belongs. Each prevention measure employed by a vessel and listed in Table E of this subsection will be assigned points under the column labeled "relative weight of measure" if that measure is applicable to that class of vessel. The total number of points possible for a class of vessel is at the bottom of the column for that vessel class.

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(b) The department will issue a prevention measure certificate for each vessel that will identify the class of vessel for which the certificate is issued and list the prevention measures that have been claimed by the owner. On the prevention measure certificate, the department will state the number of points that the owner has received as a result of those prevention measures.

(c) The prevention measure certificate is valid until the plan under which the vessel operates expires. A new affidavit as required under (a) of this section must be submitted at the time an application for renewal is submitted to the department.

(d) To be eligible for a prevention credit, a vessel must earn 50 percent of the points available to that vessel category set out in Table E in (a) of this section. If a vessel is determined eligible for the prevention credit, the department will give the vessel an acknowledgement, known as the Blue Star Award, for achieving prevention measures above and beyond compliance with the department's requirements.

(e) If all of the eligible vessels covered under a single nontank vessel plan meet the requirements of (d) of this section, and each affidavit is filed with or before an initial application, amendment, or renewal under 18 AAC 75.426, 18 AAC 75.427, or 18 AAC 75.428, the department will grant, as set out in 18 AAC 75.456(b) or 18 AAC 75.460(d) , as applicable, a five year nontank vessel plan review cycle, instead of a three year cycle.

(f) Each affidavit must contain a statement that the vessel and that vessel's crew comply with all applicable state, federal, and international maritime laws. For failure to comply with those laws with respect to the vessel, the department will revoke any prevention credit granted to the owner of the vessel.

(g) By applying for a prevention credit, the vessel owner and operator consent to inspection of the owner's and operator's vessels and records by the department in order to verify the existence of prevention measures claimed in the application. The nontank vessel plan holder must retain records concerning its prevention measures for at least five years after the credit is claimed.

History: Eff. 11/27/2002, Register 164

Authority: AS 46.03.020

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