(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.
(Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152)
Authority: AS 17.20.005, AS 17.20.072, AS 44.46.020, AS 17.20.065, AS 17.20.180