NOTICE OF PROPOSED NEW REGULATIONS ON DERELICT VESSELS
IN THE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES
BRIEF DESCRIPTION

The Department of Natural Resources proposes to adopt new regulations on the administration of the Derelict Vessel Prevention Program Fund and the department’s related enforcement authorities.
The Department of Natural Resources proposes to adopt regulation changes in Title 11 of the Alaska Administrative Code, dealing with the administration of the Derelict Vessel Prevention Program Fund and the department’s related enforcement authorities, including the following:

(1) 11 AAC Chapter 61 is proposed to be added as follows:
• Defines appropriate uses of the derelict vessel prevention program fund to include: reimbursement to a municipality or state agency for the removal of a derelict vessel from waters of the state or from state or municipal property; payment for the development and implementation of other derelict vessel prevention program goals; subsidization of projects directly related to the derelict vessel prevention program; payment for administering the fund.
• Establishes annual percentages of money available for each use of the derelict vessel prevention program. Allows for the exceedance of these percentages, when money from the fund remains available, for situations where removal of a derelict vessel would prevent substantial harm or substantially improve ecological conditions.
• Establishes the processes by which a state agency or municipality may apply for reimbursement, or a municipality may apply for a guarantee of reimbursement.
• Establishes enforcement authority.
• Establishes definitions.

The public may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Marcella Dent at 550 W. 7th Avenue, Suite 1070, Anchorage, AK 99501-3579. Additionally, the Department of Natural Resources will accept comments through SmartComment at https://alaskadnr.commentinput.com?id=cfCQx2GVWM or by electronic mail at dnr.derelictvessels.regulation@alaska.gov. The comments must be received not later than 5:00 pm Alaska Daylight Time on Monday, April 1, 2024.

The public may submit written questions relevant to the proposed action to the contact information provided above. The questions must be received at least 10 days before the end of the public comment period by Friday, March 22, 2024. The Department of Natural Resources will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and at https://dnr.alaska.gov/mlw/news/.

Persons with a disability who need a special accommodation in order to participate in this process
may contact Marcella Dent,
dnr.derelictvessels.regulation@alaska.gov or 907-334-2683 not later than Friday, March 22, 2024 to ensure that any necessary accommodations can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Marcella Dent, dnr.derelictvessels.regulation@alaska.gov or 907-334-2683.
After the public comment period ends, the Department of Natural Resources will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. Anyone whose interests could be affected should comment during the time allowed.

Statutory authority: AS 30.30.090; AS 30.30.095; AS 30.30.096; AS 30.30.165; AS 30.30.010
Statutes being implemented, interpreted, or made specific: AS 30.30.090; AS 30.30.095; AS 30.30.096; AS 30.30.165; AS 30.30.010

Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.

The Department of Natural Resources keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of the department notices of proposed regulation changes. To be added to or removed from the list, send a request to the department at dnr.derelictvessels.regulation@alaska.gov, giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.

Individuals can also subscribe to receive automated notifications of all State of Alaska notices, including public notice for regulation changes, by subscribing to the Alaska Online Public Notices System: https://aws.state.ak.us/OnlinePublicNotices/Default.aspx.

Date: February 28, 2024
Christy Colles, Director
Alaska Department of Natural Resources
Division of Mining, Land and Water