(1) Any person who
harvests a commercial quantity of shellfish or any quantity of shellfish for
sale for human consumption must do so only from a harvest site that meets one
or more of the following conditions:
(a) The
department has classified the growing area as "approved" or "conditionally
approved," according to provisions of the NSSP Model Ordinance and the harvest
site is in open status at the time of harvest;
(b) The department has approved the harvest
site according to provisions of a permit for relay, wild seed, or
bait;
(c) The harvest site is used
for shellfish activities limited to a hatchery or a nursery operation handling
only seed obtained from a hatchery; or
(d) The harvest site is used for shellfish
activities limited to the initial harvest of seed attached to containerized
empty shellfish shells or other cultch material.
(2) The department classifies a shellfish
growing area as "restricted" or "prohibited" according to provisions of the
NSSP Model Ordinance. However, the department considers classifying a harvest
site as "restricted" only when the department has received a valid application
for a permit for relay or wild seed harvest from the site.
(3) While a harvest site is in closed status,
no person may move shellfish from it to a location outside of the harvest site
or above the mean low tide line of the harvest site, unless the department has
approved:
(a) Harvesting shellfish by that
person from the site according to provisions of a permit for relay, wild seed
harvest, or bait harvest; or
(b)
Moving shellfish by that person from the site to another site in a natural body
of water within the same "conditionally approved" growing area under a written
plan of operations.
(4)
Harvesting is prohibited from all growing areas unclassified by the
department.
