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(a) A person may not harvest shellfish for sale for human consumption from a shellfish growing area unless the department first approves the shellfish growing area. In order to obtain approval of a shellfish growing area, a person shall send a letter to the department describing the shellfish growing area for which approval is requested, and pay the appropriate fee required by 18 AAC 34.900(c) . For purposes of this section,
(1) a person seeking initial site approval of a shellfish growing area shall request initial site approval and transmit the fee required by 18 AAC 34.900(c) (1); and
(2) a person seeking reapproval of a shellfish growing area for which initial site approval has been given shall request reapproval and transmit the fee required by 18 AAC 34.900(c) (2).
(b) Shellfish growing area sites that have been previously approved by the department must be reapproved annually, subject to the reapproval fees required by 18 AAC 34.900.
(c) The department will follow the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish adopted by reference in 18 AAC 34.010 to approve or reapprove a shellfish growing area.
(d) Unless approved by the department, a shellfish growing area is closed to shellfish harvesting for sale for human consumption.
History: Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152
Authority: AS 17.20.005
Editor's note: Effective 12/2/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 34.210, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. The department also amended 18 AAC 34.210(c) . Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 34 from AS 03.05 to AS 17.20.
Information about how to review or obtain a copy of a requirement referred to in 18 AAC 34.210 and adopted by reference in 18 AAC 34.010 is set out in the editor's note to 18 AAC 34.010.
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Last modified 7/05/2006