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Department of Administration KELLY TSHIBAKA, COMMISSIONER 10 FL Slote Office Bulging FO Box 110200 Juneau, AK 9981 ‘ain: $07 465.2200 Fee 907.465.2135, vow doa. 5leske. 900 June 17, 2019 ‘The Honorable Sarah Vance Alaska House of Representatives State Capitol, Room 424 Juneau, AK 99801 ‘Attn: Lauren Simpson Re:Constituent Inquiry — $B92 Derelict vessel bill & DMV boat registrations Dear Ms. Simpson: ‘Thank you for your inquiry into boat registrations as required by Senate Bill 92 (SB 92). As you are awware SB 92 was passed and signed into law in 2018. A number of changes occurred in this bill that impact the registration of boats in Alaska, The law went into effect in January of this year. The Department of Administration, the Division of Motor Vehicles (DMY). the Alaska Department of Fish and Game (ADF&G), the Commercial Fisheries Entry Com sion (CFEC) and the Department of Public Safety (DPS) have received a number of questions regarding the change in law and registration requirements. Below is some information that I hope will help you in responding to constituents regarding this issue. 1. Titles and Registrations for boats operating in Alaska: a, All boats must be registered and numbered. unless exempt AS 05.25.055(a) i. Ha boat has a current certificate of number awarded under federal law or federally approved numbering system of another state, the owner of the boat must, apply for a certificate of number if 1. ‘The boat is operated on state waters for more than 90 consecutive days. AS 05.25.055(1) or 2. ‘The boat is a barge operated on state waters for more than 60 consecutive days. AS 05.25.055(f). 3. Note that, under 46 U.S.C. 121106(a), a documented vessel may not be required to display numbers. ii, Boats exempt from registration 1. Boats that are not barges, operated in state less than 90 days, with current/valid certificate of number issued by another state with a federally approved numbering system. AS 05.25.055(i)(1) 2. A foreign boat operated in state waters for 90 consecutive days or less. AS 05.25.055(i)(2) 3. A boat owned by the US or entity/political subdivision of the US, or a boat owned by a state or entity/political subdivision of a state. AS 05.25.055(1)(3). 4. A boat without mechanical propulsion. AS 05.25.055(i)(4). 5. A boat with a valid document to operate that is issued by a foreign government. AS 05.25.055(i)(5). 6. Ahhandmade, non-motorized umiag with a walrus or sealskin covering. AS 05.25.055(1)(6). 7. A barge operated in state for 60 consecutive days or less with current/valid certificate of number issued by another state with a federally approved numbering system. AS 05.25.055(1)(7) b. All “undocumented boats” must be titled unless exempt. AS 05.25.055(a), 05.25.056(a) i. An “undocumented boat” means a boat that does not possess a valid certificate of documentation issued by the United States Coast Guard under 46 U.S.C. 12101 12123. AS 05.25.100(10). (Note that, under 46 U.S.C. 121106(@), a documented vessel may not be titled by a state and any such title that has issued must be surrendered) ji, Undocumented boats that are 24 feet or less in length do not need to apply fora certificate of title. However, they may apply fora title, 2. When does a boat need to be registered? ‘a, Essentially, registration must happen for the boat to be placed in the water. b. There is no grace period. AS 05.25.055(a). 3. What about CFEC permit holders relating to boat registrations & titles? a, Whether a boat needs a title depends on whether it is undocumented or whether itis 24 feet or less in length, See AS 05.25.055 & 056. b. All boats must be registered, unless exempt. See exemptions above, outlining AS 05.25.055(i). c. Under AS 16.05.475(a), to employ a fishing vessel in the water of this state—regardless of whether the vessel is registered under the laws of another state—a person must register “under the laws of this state.” What constitutes as “registered under the laws of this state” is determined by the Board of Fisheries through the adoption of regulations. AS 16.05.475(c). Those regulations appear at 5 AAC 39.120. They do not currently allow registration through DOA/DMV to qualify for ADF&G purposes. 4, Neither an ADF&G/CFEC vessel registration (AS 16.05.475) nor an ADF&G/CFEC vessel license (AS 16.05.490) will satisfy AS 05.25.055, 4, Costs involved in boat registrations: a. Motorized boat registration, registration renewal and transfer of registration, $24.00 for a three-year period: b. Nonmotorized boat registration, registration renewal and transfer of registration, $10.00 for a three-year period; ©. Replacement of lost registration $5.00 d. Replacement of lost registration validation decals $5.00 ¢. Barge registration, registration renewal, and transfer of registration, $75.00 for a three-year period. Page 2 of 3 £, Boat title and duplicate boat titles, $20.00 5. Documents accepted to prove boat ownership to obtain a title and / or registration: a. The original manufacturer's certificate of origin (MCO) b. The original manufacturer's statement of origin (MSO) c. The boat title and registration from the previous state of ownership 4. Completed CG-1261 Builders Certification. 6. Documents accepted for registration only include: a. Any of the documents listed in the ownership section, above b. A copy of the current Certificate of Documentation issued by the U.S. Coast Guard c. The boat registration from the previous state of ownership. when the owner does not have the title because: the previous state does not issue boat titles the boat has an active lien the previous state title or MCO/MSO is lost or destroyed A bill of sale from a boat dealer or the previous owner An affidavit of ownership (found on the boat application) FR mos 7. When registration only appl A boat ttle will not be issued when the registration is marked “No Title Issued” (NT) ‘a, The boat is documented with the U.S. Coast Guard (exempt from titling) bb. The boat is undocumented and 24 feet or less in length (titling optional) . Ownership documents cannot be presented i If ownership cannot be established a boat title cannot be issued, and the boat registration must be marked “No Title Issued (NTI)”. ii, If after three years the “No Title Issued” registration remains uncontested and there is no undisclosed security interest in the boat, a certificate of title may be issued. Please also note, for awareness purposes only, the Alaska Wildlife Troopers have said that they will try to focus first on educating people on this new requirement since itis the first season itis in effect. That does not mean that they won’t enforce the law and issue a citation if deemed necessary. Boat registration and helpful information can be found at the Division of Motor Vehicles website: hupy//doa.alaska.gov/dmv/teg/boat.htm If you have any additional questions, please contact me at NN or via email at Sincerely, SAO. Kelly Hanke Public Information Office Department of Administration Page 3 of 3