(1) Except as provided in subsection (2) of this section, this chapter applies to all vessels delivering oil in bulk on or over the waters of the state to the following persons:

(a) Tank vessels;

(b) Cargo vessels;

(c) Passenger vessels;

(d) Any other nonrecreational vessels; or

(e) Class 1, 2, and 3 facilities.

(2) This chapter does not apply to:

(a) An oil spill recovery vessel that is engaged in spill response activities;

(b) Emergency lightering of vessels to mitigate further damage;

(c) A vessel's internal oil transfers;

(d) Vacuum trucks used to remove waste oil, bilge slops, contaminated ballast or fuel, or excess fuels intended for shoreside disposal;

(e) Public vessels; and

(f) Fuel transfers from tug to barge for operation of installed machinery.