Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part I - Wildlife and Fisheries Commission and Agencies Thereunder › Chapter 3 - Special Powers and Duties › Subchapter A - Seismic Exploration › Section I-301 - Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to
				  protect, conserve, and replenish the wildlife of the state of Louisiana,
				  including all aquatic life, and pursuant to the authority conferred by Article
				  IX, Section 7 of the Louisiana Constitution of 1974,
				  R.S.
				  30:212 et seq., and
				  R.S.
				  36:609; the following rules shall form and
				  after promulgation date, govern any exploration work involving the discharge of
				  explosives and other energy sources in the state of Louisiana for geophysical
				  exploration.
1. The Wildlife and Fisheries
				  Commission, pursuant to its constitutional and statutory authority, hereby
				  designates how geophysical exploration work shall be conducted insofar as it
				  relates to the fish, seafood, aquatic life, oysters, wildlife and water bottoms
				  of the state. No geophysical exploration work shall commence without the
				  approval of the secretary of the department or his designee. The Department of
				  Wildlife and Fisheries is hereby authorized and directed to enforce and
				  administer these regulations with full power and authority to take all
				  appropriate actions to ensure proper administration and compliance.
2. Application(s) for permission to operate
				  shall be made by letter giving the names of the parishes where the geophysical
				  exploration is to be conducted. Written permission to operate shall be valid
				  for a period of one year from date of approval, unless otherwise specified. In
				  order to obtain and maintain permission to operate, an applicant shall furnish
				  the department a surety bond in the amount of no less than $100,000 per project
				  from a bonding company licensed to do business in the state of Louisiana and to
				  whom A.M. Best and Company has given an "B+/7" or better rating. Bond forms may
				  be obtained from the department. The bond shall be filed by the applicant prior
				  to issuance of any permission to operate. Said bond shall guarantee payment of
				  all inspector fees, all compensation for damage to public lands, and water
				  bottoms (including, without limitation, damages for failure to remove equipment
				  and trash), oysters, fish and other aquatic life, and/or other natural
				  resources, man-made canals, bulkheads, rights-of-way and structures for which
				  said applicant may be legally liable, and which may be suffered by the state of
				  Louisiana. The bond shall also guarantee any and all fees in whole and in part
				  for services rendered by the department and its offices in accordance with
				  regulations of the Department of Wildlife and Fisheries or the Wildlife and
				  Fisheries Commission and all applicable penalties, and any other liabilities to
				  the state of Louisiana incurred by the applicant during the geophysical
				  operations. Applicants must also supply the department with proof of general
				  liability insurance in the amount of $2,000,000. The policy must be issued by
				  an insurer approved by the department, and specifically cover all damage to
				  land, water bottoms, oysters, fish and other aquatic life, or other natural
				  resources, manmade canals, bulkheads, rights-of-way, and other structures for
				  which permittee may be legally liable. In addition, permittees applying for a
				  renewal of the letter of permission to operate must have demonstrated a record
				  of sound business practices by making timely payments of seismic fees to the
				  department, and by being in complete compliance with the department's
				  regulations including those regulations requiring notifications and timely
				  submission of seismic exploration data daily reports.
3.
a. The
				  department may, after 10 working days written notice to permittee, suspend or
				  cancel the seismic letter of permission to operate granted pursuant hereto for
				  failure by the permittee, to make timely payment to the department for
				  obligations owed to the state of Louisiana for the following:
i. any compensation for damage to public
				  lands, water bottoms, oysters, fish and other aquatic life, or other natural
				  resources, man-made canals, bulkheads, rights-of-way and structures for which
				  said permittee may be legally liable;
ii. any fees for services rendered by LDWF
				  personnel in overseeing geophysical exploration; and
iii. any applicable penalties.
b. The permittee shall be entitled
				  to a hearing upon written request, made within the 10 working day notice
				  period, to the secretary or his designee, to review the circumstances prompting
				  the department to suspend or cancel his letter of permission to operate. This
				  hearing shall be held as soon as practicable.