- Alaska Statutes.
- Title 46. Water, Air, Energy, and Environmental Conservation
- Chapter 3. Environmental Conservation
- Section 715. Sale and Use of Tbt-Based Antifouling Paint.
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AS 46.03.715. Sale and Use of Tbt-Based Antifouling Paint.
- (a) Except as otherwise provided in this section, a person may not sell or use TBT-based marine antifouling paint or
coating in the state, nor may a person sell, rent, or lease in the state, or import into the state, or use in state
water, a vessel, fishing gear, or other item intended to be partially or completely submerged in water, if the vessel,
gear, or item has been painted or treated with TBT-based marine antifouling paint or coating.
- (b) TBT-based marine antifouling paint or coating need not be removed from fishing gear, or from a vessel or other item
that was painted or treated before December 1, 1987, but the vessel, gear, or item may not be repainted or retreated
with TBT-based marine antifouling paint or coating. Fish culture or capture nets treated with TBT-based marine
antifouling coating before December 1, 1987, may not be used in state water on or after December 1, 1992.
- (c) Notwithstanding other provisions of this section, slow-leaching TBT-based marine antifouling paint may be imported
into and sold in the state. A slow-leaching TBT-based marine antifouling paint may be applied in the state only to
aluminum vessel hulls and lower outboard drive units. Aluminum vessel hulls and lower outboard drive units to which a
slow-leaching TBT-based marine antifouling paint has been applied may be imported into and sold, rented, leased, or
used in the state.
- (d) If a vessel of the United States government, a foreign vessel in state water fewer than 90 consecutive days, or a
vessel of 4,000 gross tons or more was painted or treated with a TBT-based marine antifouling paint or coating before
January 1, 2001, the paint or coating need not be removed, but the vessel may not be repainted or retreated with a
TBT-based marine antifouling paint or coating.
- (e) In this section
- (1) "slow-leaching TBT-based marine antifouling paint" means a TBT-based marine antifouling paint, but not a coating or
other treatment, that has a measured release rate equal to or less than the maximum release rate established for
qualified antifouling paints containing organotin by the U.S. Environmental Protection Agency under 33 U.S.C. 2401 -
2410 (the Organotin Antifouling Paint Control Act of 1988);
- (2) "TBT-based marine antifouling paint or coating" means a paint, coating, or treatment that contains tributyltin, or a
triorganotin compound used as a substitute for tributyltin, and that is intended to control fouling organisms in a
fresh water or marine environment;
- (3) "vessel" means watercraft used or capable of being used as a means of transportation on water, including
- (A) aircraft equipped to land on water; and
- (B) barges.
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