Section 18.34.605. Fishing vessel and tender vessel inspection.

	(a)  After the department finds that an oil spill threatens to contaminate a body of water where seafood that is intended to be sold as part of commerce and intended for human consumption is caught, the vessels described in 18 AAC 34.600 must be inspected by the department or its designated agent before conducting fishing activities or receiving seafood products.  
	(b)  An operator of a fishing vessel or tender vessel subject to (a) of this section may not catch, store, handle, or transport seafood products unless  
		(1) oil contamination is removed from any surface that might contact seafood, using only chemicals described in 18 AAC 34.065; and  
		(2) the vessel has passed a department inspection and received a notice from the department confirming the inspection; the department will, in its discretion, based on its budget and the staffing needs of its other projects, waive the requirement for an inspection under this paragraph; if the department waives inspection, it will provide the processor with a notice that the department has issued a waiver of inspection.  
	(c)  The operator of a fishing vessel or tender vessel shall present the notice received under (b)(2) of this section to a seafood buyer each time the operator makes a delivery of a seafood product.  
	(d)  The department will, in its discretion, provide a list of all vessels involved in oil spill cleanup operations to tender vessels, buying stations, and processing facilities.  

Authorities

17.20.005;17.20.020;17.20.065;17.20.070;17.20.072;17.20.180;17.20.200;44.46.020;03.05;17.20

Notes

Reference

18 AAC 34.615
18 AAC 34.620
18 AAC 34.625

Authority

AS 17.20.005 AS 17.20.020 AS 17.20.065 AS 17.20.070 AS 17.20.072 AS 17.20.180 AS 17.20.200 AS 44.46.020 Editor's note: Effective 12/2/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 34.605, without change, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 34 from AS 03.05 to AS 17.20.

History

Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; am 8/6/2006, Register 179

References

18.34.605;18.34