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