18 AAC 34.620. Requirements for operators of tender vessels or buying stations

(a) An operator of a tender vessel or buying station may not accept seafood from a fishing vessel described in 18 AAC 34.600(2) to which the provisions of 18 AAC 34.600 - 18 AAC 34.625 apply unless the fishing vessel has received an inspection or waiver notice under 18 AAC 34.605(b) (2).

(b) Before accepting delivery from a fishing vessel described in 18 AAC 34.600(2) to which the provisions of 18 AAC 34.600 - 18 AAC 34.625 apply, the operator of a tender vessel or buying station shall inspect each fishing vessel, including the fishing gear, hull, deck, fish hold, work clothes, and equipment that might have been in contact with seafood or fishing gear, for signs of oil contamination.

(c) During each delivery from a fishing vessel described in 18 AAC 34.600(2) to which the provisions of 18 AAC 34.600 - 18 AAC 34.625 apply, the operator of a tender vessel or buying station shall inspect the seafood products for signs of oil contamination as the product is offloaded. If the product is offloaded

(1) from the fishing vessel, the operator shall inspect it by

(A) examining all of the seafood product in one pump cycle before offloading any seafood product into the tank or hold; and

(B) randomly examining the seafood product after each pump cycle;

(2) at a buying station, the operator shall inspect it by

(A) examining all of the seafood product in one container before offloading the product from the fishing vessel or tender; and

(B) randomly examining the seafood product within each remaining container.

(d) If oil-contaminated seafood product is found, the tender vessel or buying station operator shall immediately

(1) notify the department that oil was found, and request an inspection of the product and vessel; and

(2) segregate the entire lot or load containing oil-contaminated seafood product from uncontaminated seafood product.

(e) The operator of a tender vessel or buying station shall keep a record of each delivery for the time specified at 18 AAC 34.920. Records must include

(1) the name of the fishing vessel that delivered the seafood product, or the name of the person delivering the seafood product from a set net site;

(2) the fishing area in which the seafood product was caught;

(3) the date of delivery;

(4) the number of pounds, or the number of units, of seafood product

(A) inspected for oil contamination; and

(B) contaminated with oil, if any; and

(5) action taken by the operator of the tender vessel or buying station if oil-contaminated seafood product was found.

(f) The operator of a tender vessel or buying station shall give a copy of the records required in (e) of this section to the operator of a processing facility when the seafood product is delivered to the facility.

(g) The operator of a tender vessel that takes on sea water for use as refrigerated sea water shall immediately notify the department of oil-contaminated sea water is taken in, and shall request an inspection before resuming fisheries activity.

(h) The records required in (e) of this section are subject to the confidentiality provisions of AS 16.05.815 , except that, if oil-contaminated seafood product is found, information in the records relating to the date of delivery and the area where the contaminated seafood products was caught is not confidential.

History: Eff. 12/18/97, Register 144; 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 34.620, 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.

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