ALASKA STATE SPECIFIC LAWS

Under Alaska law, personal watercraft are boats and as such their operators have the same responsibilities and are subject to the same boating laws as any boat operator. It takes skill to operate a personal watercraft safely. Most personal watercraft accidents are due to collision. Avoid tunnel vision by continuously scanning the water from side to side. Unlike a conventional powerboat, a personal watercraft can only be steered if it is being powered forward. Releasing the throttle to avoid a collision will result in a loss of steerage and control. Personal watercraft operators should take boating safety courses and personal watercraft courses before operating their boats. Also, PWC and all other boaters should check with local authorities regarding conditions, weather and local laws before embarking.

PWC Recommendations

1. Slow to 10 mph when you are approaching within 100 feet of another motorboat or sailboat underway.



2. Slow to no-wake, maximum 5 mph when within 100 feet of anchored boats or non-motorized craft.



3. Operate at slow no-wake, maximum 5 mph when within 200 feet of a shoreline.



4. Operate at slow no-wake, maximum 5 mph within 200 feet of a swimmer, surfer, shoreline angler, or diving flag, and within 200 feet of a dock, launch ramp, moorage, floating home or boathouse, pier or swim float.



5. An engine shut-off lanyard, if equipped, should be attached to the person operating the boat.



6. Do not use alcohol or other drugs before or during PWC operation.



7. Avoid wake jumping and operating near other boats and big ships.



8. Do not operate a personal watercraft within 200 feet behind a water-skier.



9. Avoid operating too close to residential and congested areas.



10. Avoid operating in the same area for extended periods.

1. Boats operating in Alaskan waters (inland and coastal) must carry at least one approved Coast Guard personal flotation device for every person on board.

Alaska boating officials recommend a non-inflatable Type III life jacket. Persons under 13 must wear life jackets when on a boat.

A boat on Alaskan waters must carry one United States Coast Guard approved Type I, Type II, or Type II personal flotation device in serviceable condition for each person on board the boat.

1. A Type V personal flotation device may be carried in lieu of a personal flotation device required if the Type V personal flotation device is in serviceable condition and the approval label on the Type V personal flotation device indicates that the device is approved for the activity in which the boat is being used, or that the device is approved as a substitute for a personal flotation device of the type required on the boat.



2. Any Type V PFD that contains a reference to an owner’s manual must be used in accordance with the requirements in the owner’s manual.



3. A boat that is 16 feet or longer, other than a kayak or canoe, must carry one Type IV personal flotation device that can be thrown and that is approved by the United States Coast Guard.



4. The operator of a boat on Alaskan waters may not transport a person under 13 years of age on the deck of a boat or in an open boat unless the person is wearing a United States Coast Guard approved Type 1, Type II, or Type III personal flotation device. A Type V personal flotation device may be worn in lieu of a personal flotation device required in this subsection if the Type V personal flotation device is in serviceable condition.
2. Except as otherwise provided by law, a boat placed on Alaska waters must be equipped with and use the sound producing devices and visual distress signals of the same number, type, and specifications as required by the United States Coast Guard.

A boat equipped with a gasoline engine for electrical generation, mechanical power, or mechanical propulsion must also be equipped with the ventilation systems and backfire flame control devices of the same type and specifications as required by the United States Coast Guard

A boat equipped with an engine for electrical generation, mechanical power, or mechanical propulsion must also be equipped with the fire extinguishers of the same number, type, and specifications as required by the United States Coast Guard.


The Department of Public Safety may require, by regulation, that a boat or class of boats carry additional equipment that is necessary for the safety of persons and property.

3. A boat operated between sunset and sunrise must have the same navigation lights as required by the U.S. Coast Guard.

During the period of time extending from sunset to sunrise and during periods of restricted visibility, a boat placed on Alaskan waters must display lights of the same number, type, and specifications as required by the United States Coast Guard.

4. Boating in Alaskan waters with a blood alcohol level at or greater than .08 or is against the law.

If a PWC owner allows their PWC to be used by an intoxicated person the owner is responsible for any damages that occur.

5. A boat operator within sight of a diver’s flag shall proceed with caution, steering clear of the flag by a distance of 100 feet.

A person who is in the water using an underwater breathing device should display a diver’s flag constructed of rigidly supported material at least 12 inches by 12 inches in area of red background with a white diagonal stripe. This diver’s flag may be displayed on a boat or surface float and must extend a minimum distance of three feet from the surface of the water. The diver’s flag shall be placed at or near the point of submergence and constitutes a warning that a diver is submerged and may be within 100 feet of the flag. A diver shall remain within 100 feet of the diver’s flag while at or near the surface.

Outside commercial shipping lanes, boats maneuvering within a 100-foot radius of a diver’s flag shall be slowed to no-wake speeds or five miles per hour, whichever is necessary to maintain steerage in the seaway. A diver’s flag shall be displayed only while diving operations are underway.

6. A person may not operate a boat on state waters for towing a person on water skis, a surfboard, or a similar device unless the boat is equipped with a rearview mirror in which the person being towed can be viewed or there is, in the boat, a person of 12 years of age or older in addition to the operator in a position to observe the progress of the person being towed.

A person may not operate a boat on Alaskan waters to tow a person under 13 years of age on water skis, a surfboard, or a similar device unless the person being towed is wearing a United States Coast Guard approved Type I, Type II, or Type III personal flotation device; or Type V personal flotation device if it is in serviceable condition and if the approval label on the Type V personal flotation device indicates that the device is approved for the activity and is used in accordance with requirements of the owner’s manual.

7. The operator of a boat involved in a collision, accident, or casualty shall render assistance as is practicable and necessary to save other persons from danger to other persons to the extent that the operator can do so without serious danger to the operator’s boat, crew, and passengers.

Operators are required to provide their name, address, and identification number of their boat in writing to each person injured in the collision, accident, or casualty and to the owner of property damaged in the collision, accident, or casualty.

The owner of a boat is liable for injury or damage caused by the negligent operation of the owner’s boat whether the negligence consists of a violation of a state statute or the failure to exercise ordinary care in the operation of the boat as the rules of the common law require.

The owner is not liable, however, unless the boat is used with owner’s express or implied consent at the time of the injury or damage, if it is under the control of the owner’s spouse, father, mother, brother, sister, son, daughter, or other member of the owner’s immediate family. This does not relieve any other person from a liability that the person would otherwise incur and does not authorize or permit recovery in excess of injury or damage actually incurred.

For the purpose of gathering boating accident statistics, the operator of a boat involved in a collision, accident, or casualty that results in death or injury to a person, or damage to property in excess of $500 for each incident, shall file a report with the Department of Public Safety on or before the 20th day after the incident.

8. A person may not operate a PWC in a reckless or negligent manner so as to endanger the life or property of another person. Observe speed limits and no wake zones.

The Department of Public Safety has the authority for enforcement of Alaska boating laws. A peace officer or a person employed by the state Department of Natural Resources, acting as a peace officer, is authorized to stop and, if the officer has probable cause to believe a violation has occurred, may board the boat and issue a citation to the person suspected of the violation.

Boats and persons operating boats are exempt from this rule when participating in the area set aside for a public regatta, race, marine parade, tournament, or exhibition on inland water.

A person may not use a flashing or revolving red or blue emergency light on a boat unless the boat is operated by a peace officer or emergency professional in the performance of official duties.

It is the policy of the state of Alaska to promote safety for persons and property in and connected with the use, operation, and equipment of boats on Alaskan waters and to promote uniformity of laws relating to boat safety.

9. A boat or PWC on Alaskan waters must be registered.

The Department of Administration shall authorize agents, including boat dealers, to register boats, accept an application and registration fee, to issue a registration, and to forward the application and registration fee to the Department of Administration.

A boat dealer shall require a purchaser of a new or used boat sold at retail to complete a registration application and pay the registration fee before the boat leaves the dealer’s premises unless the boat is exempt from registration and numbering.

A person may not operate a boat on Alaskan waters unless a valid certificate of number has been awarded by the Department of Administration to the boat and the identification number and any required validation decals are properly displayed on the boat.

A boater from another state shall apply for a certificate of number from Alaska as required by law if the boat is operated on Alaskan waters for more than 90 consecutive days. If a boat has an existing number, the owner may request that the department issue the same number.
A certificate of number is valid for three years unless terminated or discontinued. The certificate expires on the last day of the month at the end of the three-year period. The expiration date is indicated on the certificate.

All records of ownership of boats that are kept by the Department of Administration under this section are public records. The Department of Administration shall provide records of ownership and registration expense reports to the Department of Public Safety for the purposes of meeting the federal requirements for state programs and implementing this chapter.


10. The following boats are exempt from the numbering and registration provisions:
1. A boat that is operated in this state for a period not exceeding 90 consecutive days and that has a current, valid certificate of number issued by another state having a federally approved numbering system;


2. A foreign boat operated in Alaskan waters for a period not exceeding 90 consecutive days;


3. A boat owned by the United States or an entity or political subdivision of the United States, or a boat owned by a state or an entity or political subdivision of a state;


4. A boat that is not equipped with mechanical propulsion, that is exclusively paddled, poled, rowed or powered by wind; or operated in this state for a period not exceeding 30 days in a calendar year by a person who has not established residency.


5. A boat with a valid document to operate the boat that is issued by the United States or a foreign government.
11. The Department of Administration assesses fees for the following (contact Alaska DMV for more information):
1. Motorized boat registration, registration renewal, and transfer of registration, for a three-year period;


2. Non-motorized boat registration, registration renewal, and transfer of registration, for a three-year period;
   
   
3. Replacement of lost registration


4. Replacement of lost registration validation decals
12. Uniform Waterway Marking System

The state of Alaska has adopted regulations establishing a uniform state waterway marking system for the placement of regulatory markers (addressing such issues as boat speed, no wake zones and swim areas) in the state. All boaters must comply with state regulatory markers.

All regulatory markers placed on or near Alaskan waters must conform to the same specifications as the U.S. Aids To Navigation system. Defacing, moving, destroying or interfering with state waterway markers is prohibited. Boaters may not moor or attach a boat or other object to a state regulatory marker, other than a mooring buoy.