5 AAC 38.010. Application of regulations

(a) Unless otherwise specified in this chapter, the regulations in this chapter that apply to a miscellaneous shellfish registration area also apply to the waters of the exclusive economic zone that are adjacent to the miscellaneous shellfish registration area.

(b) The commissioner may suspend the application of the regulations in this chapter that apply to a miscellaneous shellfish registration area to all or a portion of the waters of a registration area if the commissioner finds that

(1) application of the regulations fails to facilitate the enforcement of regulations that apply to the territorial waters of Alaska;

(2) application of the regulations fails to protect or conserve miscellaneous shellfish inhabiting territorial waters of Alaska; or

(3) the state has an insufficient interest in the miscellaneous shellfish that inhabit the waters of the adjacent exclusive economic zone to warrant extending the state's jurisdiction to those waters.

(c) For purposes of this section, "exclusive economic zone" means all the waters adjacent to a miscellaneous shellfish registration area and seaward to a boundary that is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured.

History: In effect before 1988; am 5/8/98, Register 146

Authority: AS 16.05.251

AS 16.10.190

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