reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XI - Boating › Chapter 1 - Vessel Equipment; Requirements; Penalties › Section XI-103 - Flotation Devices

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				accordance with
				R.S.
				34:851.24(F)1, the
				provisions of this Act shall apply on all waters within the jurisdiction of
				this state.
B. Definitions
Hand Tiller Outboard Motor
-an outboard motor
				  that has a tiller or steering arm attached to the outboard motor to facilitate
				  steering and does not have any mechanical assist device which is rigidly
				  attached to the boat and used in steering the vessel, including but not limited
				  to mechanical, hydraulic, or electronic control systems. Hand tiller outboard
				  motor shall not mean any type of electronic trolling motor.
Operate
-to navigate or otherwise control the
				  movement of a vessel, including controlling the vessel's propulsion
				  system.
Operator
-any person who navigates or is
				  otherwise in control or in charge of the movement of a vessel, including the
				  vessel's propulsion system.
Owner
-a person, other than the lienholder,
				  having the property in or registration to the vessel.
Personal Flotation Device
or
PFD
-a device approved by the United States Coast Guard under
				  46 CFR Part 160, which is labeled with such approval and with the appropriate
				  size for the person intended and which is in serviceable condition.
Readily Accessible
-easily located and
				  retrieved without searching, delay, hindrance or being in a locked area.
Serviceable Condition
-a condition as defined
				  by the United States Coast Guard under 33 CFR Part 175.23.
Trick Water-Skier
-a trick water-skier is a
				  person whose equipment and activities have all of the following
				  characteristics:
a. type of skis: for
				standard double trick skis, a length of no more than 46 inches and width of at
				least 8 inches, with no keels on the bottom; for single trick boards, a length
				of no more than 56 inches and width of at least 22 inches, with no keel on
				bottom; and
b. tow rope no longer
				than 50 feet.
Vessel
-watercraft and airboats of every
				  description, other than seaplane(s), located on the water and, used or capable
				  of being used as a means of transportation on the water.
Watersports
-activities that involve being
				  towed by, or riding in the wake of, a vessel and include but are not limited to
				  water skiing, wake boarding, wake surfing, and tubing.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XI - Boating › Chapter 1 - Vessel Equipment; Requirements; Penalties › Section XI-105 - Fire Extinguishers

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				accordance with
				R.S.
				34:851.24(G) the commission
				prescribes the following regulations for fire extinguishers on
				motorboats.
B. All motorboats of
				closed construction shall carry the appropriate approved fire extinguishers
				according to its length.
1. Class A (under 16
				feet in length). At least one approved B-I or 5B type extinguisher.
2. Class I (16 feet to less than 26 feet in
				length). At least one approved B-I or 5B type extinguisher.
3. Class II (26 feet to less than 40 feet in
				length). At least two approved B-I or two 5B extinguishers or at least one
				approved B-II or one 6B extinguisher.
4. Class III (40 feet and above in length).
				At least three approved B-I or 5B extinguishers or at least one approved B-I,
				5B and one approved B-II or 6B extinguishers. When an approved fixed
				extinguishing system is installed one less B-I or 5B type extinguisher is
				required.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XI - Boating › Chapter 1 - Vessel Equipment; Requirements; Penalties › Section XI-107 - Flame Arrestors

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				following regulations are prescribed by the commission pertaining to flame
				arrestors or backfire traps in accordance with
				R.S.
				34:851.24(H).
B. Every motorboat shall have the carburetor
				or carburetors of every engine (except outboard engines) using gasoline as
				fuel, equipped with a U.S. Coast Guard-approved device so labeled and emplaced
				as to prevent danger of backfire.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  34:851.24.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XI - Boating › Chapter 1 - Vessel Equipment; Requirements; Penalties › Section XI-109 - Ventilation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				regulations are prescribed by the commission pertaining to the requirements of
				ventilation of boats of closed construction in accordance with
				R.S.
				34:851.24(I).
B. Every motorboat, (except open boats) using
				as fuel any liquid of a volatile nature shall be equipped with a ventilation
				system consisting of at least two ventilation ducts fitted with cowls. One of
				the ducts must be designated as an exhaust duct and installed so as to extend
				to the lower portion of the bilge. Another is to be designated as the intake
				duct and be so installed to a point below the level of the carburetor air
				intake. This system will be acceptable as will any U.S. Coast Guard-approved
				system, however either system must be maintained in proper working
				order.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  34:851.24.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XI - Boating › Chapter 1 - Vessel Equipment; Requirements; Penalties › Section XI-111 - Emergency Cut-off Switches

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				accordance with
				R.S.
				34:851.24 and
				R.S.
				34:851.27, the provisions of this Act shall
				apply on all waters within the jurisdiction of this state.
B. Definitions
Engine Cut-off Switch
-an operable emergency
				  cut-off engine stop switch installed on a motorboat and that attaches to the
				  motorboat operator by an engine cut-off switch link.
Engine Cut-off Switch Link
-the lanyard
				  and/or cut-off device used to attach the motorboat operator to the engine
				  cut-off switch installed on the motorboat.
Hand Tiller Outboard Motor
-an outboard motor
				  that has a tiller or steering arm attached to the outboard motor to facilitate
				  steering and does not have any mechanical assist device which is rigidly
				  attached to the boat and used in steering the vessel, including but not limited
				  to mechanical, hydraulic or electronic control systems. Hand tiller outboard
				  motor shall not mean any type of electronic trolling motor.
C. No person shall operate a Class A or Class
				One motorboat with a hand tiller outboard motor in excess of 10 horsepower
				designed to have or having an engine cut-off switch, while the engine is
				running and the motorboat is underway, unless:
1. the engine cut-off switch is fully
				functional and in operable condition; and
2. the engine cut-off switch link is attached
				to the operator, the operator's clothing, or if worn, the operator's personal
				flotation device.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XI - Boating › Chapter 3 - Boating Safety › Section XI-303 - Signage Identifying "No Wake Zone(s)" at Boat Launches Accessible by the Public and Docking Facilities Adjacent to a Boat Launch Accessible by the Public

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				following regulations shall prescribe the dimensions and physical appearance of
				signage indicating a "no wake zone" to be placed at boat launches accessible to
				the public and docking facilities adjacent to boat launches accessible by the
				public as required by
				R.S.
				34:851.27.
B. For the purposes of being recognized under
				state law, "no wake zone" signage shall be clearly visible and posted upon a
				board not less than 3 feet by 3 feet square in size having a white colored
				background. The signage shall have 2 inch reflective orange borders along each
				edge and shall contain a circle in the middle of the sign. The circle shall
				have a 2 inch wide reflective orange border. Within the orange circle shall be
				the words "SLOW NO WAKE ZONE" in black characters no less than 5 inches high,
				with the words "SLOW" on the first line, "NO WAKE" on the second line, and
				"ZONE" on the third line as depicted on Figure 1 in this Section. On the top
				right hand corner of the signage shall be listed "LA
				R.S.
				34:851.27" or the applicable local ordinance.
Click Here To View
				  Image
Figure 1
C. No wake zones established pursuant to this
				Section shall be clearly marked with prescribed signage, 300 feet in all
				directions from a boat launch or docking facility adjacent to the boat launch
				which is open to the general public. Signs shall be posted so as to be read
				both from the launch and the waterway.
D. Local and parish authorities in their
				respective jurisdictions shall place and maintain signage as prescribed by "LA
				R.S.
				34:851.27" at the start and end of the no
				wake zones in safe and visible locations. No wake zone endings may be
				designated on the rear of a sign indicating "end no wake zone" and, signs may
				indicate the established distance of a no wake zone.
E. Regulatory buoys visible no less than 30
				inches high above the water line placed in safe and visible locations may be
				used to identify start and end points of no wake zones. Regulatory buoys shall
				have proportionate orange markings as described in Subsection B with the words
				"SLOW NO WAKE ZONE" in black lettering.
F. No person operating a vessel shall violate
				the provisions of properly established and marked no wake zones. A violation of
				this Section shall constitute a Class 1 violation as provided in R.S. 56:851.31
				and R.S.
				56:31.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  34:851.27.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XI - Boating › Chapter 3 - Boating Safety › Section XI-305 - Marine Event Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				following regulations shall prescribe the permitting requirements for marine
				events on the navigable waterways within the jurisdiction of this state so as
				insure the safety of life. Through Memorandum of Understanding between the
				United States Coast Guard and the Louisiana Department of Wildlife and
				Fisheries and authority vested in the commission, the Department of Wildlife
				and Fisheries has the responsibility to permit and regulate marine events on
				navigable waters over which the state has jurisdiction.
B. Definitions
Marine Event
or
Events
-an
				  organized event of limited duration held on the water, including but not
				  limited to regattas, parades, fireworks displays, and boat races, which by its
				  nature, circumstances or location, will introduce extra or unusual hazards to
				  the safety of lives on the navigable waters within the jurisdiction of the
				  state of Louisiana.
a. Examples of
				conditions which are deemed to introduce extra or unusual hazards to the safety
				of life include but are not limited to:
i. an
				inherently hazardous competition;
ii. an event occurring in an area where there
				is a customary presence of pleasure craft;
iii. any obstruction of navigable channel
				which may reasonably be expected to result; and
iv. the expected accumulation of spectator
				craft.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XI - Boating › Chapter 3 - Boating Safety › Section XI-307 - Numbering of United States Coast Guard Documented Motorboats

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				regulations shall dictate the location, placement and special requirements for
				certificate of numbers and decals issued to United States Coast Guard
				documented motorboats that are registered with the Department of Wildlife and
				Fisheries as required by
				R.S.
				34:851.19.
B. United States Coast Guard documented
				motorboats that are registered with the Department of Wildlife and Fisheries
				shall not be required to paint or attach the certificate of number to each side
				of the bow of the motorboat, but shall maintain proper marking of the motorboat
				as required by United States Coast Guard regulations for such motorboats.
				Persons operating such motorboats shall be required to have the actual
				certificate of numbers issued by the department immediately available for
				inspection at all times when such motorboat is in operation.
C. Operators of United States Coast Guard
				documented motorboats required to be registered with the Department of Wildlife
				of Fisheries shall display valid decals which are issued along with the
				certificate of number to the motorboat, and have such decals permanently
				attached to the motorboat. Decals shall be placed in a location clearly visible
				on each side of the motorboat so as to be easily accessible and available for
				inspection.
D. Violation of this
				Section is a class one violation as provided in
				R.S.
				56:31.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  34:851.20 and
				  R.S.
				  34:851.27
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XI - Boating › Chapter 3 - Boating Safety › Section XI-309 - Assignment of Hull Identification Numbers to Vessels Manufactured in Louisiana

Current through Register Vol. 50, No. 6, June 20, 2024
A. All vessels
				manufactured for sale in Louisiana shall conform to federal standards
				established in 46 USC
				4301, et seq. or any federal regulation
				prescribed thereunder. Each vessel manufactured for sale in Louisiana shall
				have a hull identification number (HIN) assigned by the United States Coast
				Guard (USCG).
B. Notwithstanding
				the provisions of Subsection A, the following regulations shall provide for the
				assignment of hull identification numbers (HIN) to certain undocumented vessels
				manufactured in this state that do not qualify for the assignment of such
				numbers by the USCG.
1. Airboat and mudboat
				vessels that do not meet USCG level flotation regulations, but are manufactured
				principally to be used in shallow water/marsh conditions and do not travel far
				from shore are eligible for consideration for assignment of a Louisiana HIN,
				assuming the vessel meets the following criteria:
a. the vessel model is designed for shallow
				water use;
b. the vessel is only
				marketed and sold in typical shallow water and marsh areas;
c. the vessel meets all other federal safety
				standards for recreational boats manufactured in the United States;
d. the manufacturer strictly adheres to all
				requirements of the grant of exemption;
e. the vessel must be powered by a mud motor
				or fan blade.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XI - Boating › Chapter 5 - Houseboats › Section XI-501 - Houseboat Registration

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Beginning on January 1, 2019 every houseboat operated, occupied, inhabited,
				utilized, or otherwise deployed on the waters of this state must be registered
				with the Department of Wildlife and Fisheries and be properly numbered in
				accordance with
				R.S.
				34:851.20.
B.
Houseboat
-a vessel
				constructed or utilized for the primary purpose of a temporary or permanent
				dwelling without an effective means of propulsion for safe navigation.
1. When determining whether a vessel meets
				the definition of a "houseboat", the department shall utilize the standard such
				that a reasonable observer would conclude that the vessel is capable of being
				used as an abode, habitation, or dwelling for at least a temporary basis.
a. Such determination should involve, but is
				not limited to, whether the vessel has a roof and is enclosed, or has multiple
				walls or structures capable of protecting inhabitants from the
				elements.
b. Additional evidence
				that may be considered in determining whether a vessel satisfies the reasonable
				observer standard include the presence of doors, windows, electrical wiring,
				plumbing, appliances, cabinetry, bedding, or any other features commonly found
				in a dwelling. However, the existence or absence of any of these items is not
				dispositive.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XIII - Fill Material › Chapter 1 - Royalties › Section XIII-103 - Reporting Requirement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Holders
				of a class A, B, D or E licenses shall notify the department, in writing, their
				intent to begin dredging. Notification shall include anticipated beginning and
				ending dates of dredging activity.
B. Holders of a class A or B license shall
				file a monthly report, on forms obtained from the department.
1. The monthly report must include the total
				cubic yards of material dredged. The monthly report must be submitted to the
				department on or before the fifteenth of the following month.
2. In cases where there was no dredging
				during the month, a report shall be filed with the department indicating
				therein that no dredging occurred.
3. Failure to submit a monthly report or
				submitting a monthly report with false information will be cause for permit
				revocation or suspension.
4.
				Licensee will provide for each dredge project a pre-and post-dredging cross
				section survey of the receiving pit to be completed and certified by a
				registered professional engineer or a registered professional land surveyor for
				the purpose of determining the quantity of material removed from water bottoms
				of this state. Upon completion of a cross section survey by a qualified
				engineer, licensee shall have said engineer complete an affidavit giving
				pertinent details of the cross section survey. The department will furnish an
				affidavit form for this purpose. This affidavit will be used as an attachment
				in conjunction with all cross section surveys. Each dredging event that occurs
				during the life of a license will be certified in this manner by a qualified
				engineer. Pre-and post-dredging photographs of the pit shall be provided with
				the affidavit and cross section survey.
5. No fill material shall be removed from a
				pit prior to a post dredging survey being conducted.
6. Dredge volumes may be calculated by other
				methods as accepted and approved by the department on a case-by-case basis and
				prior to any dredging.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XIII - Fill Material › Chapter 1 - Royalties › Section XIII-105 - Audit and Inspection

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				department reserves the right, and the said licensee so agrees, to permit the
				departments authorized representatives to examine any and all of the licensees
				books, records and memoranda of whatever nature, pertaining to or having
				connection whatever with the removal or sale of said permitted
				material.
B. Department reserves
				the right to have the department's authorized agents or representatives inspect
				the dredges, barges, boats, scows or other related equipment of any kind by
				which the said permitted material is removed, and to keep a check on the number
				of holding pits at the project stockpile site, and also to determine by
				whatever means it may deem necessary, the number of cubic yards of permitted
				material which have been removed from the hereinabove described beds or water
				bottoms, and to require the payment thereof. Furthermore, the department
				reserves the right to inspect any contracts held by the licensee that related
				to the licensees pit operation.
C.
				Licensee will acquire all other federal, state, local, and municipal permits
				and permissions required for the licensed activity prior to commencement of
				work.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  56:2011.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XIII - Fill Material › Chapter 1 - Royalties › Section XIII-107 - Violations and penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				or firm found to be dredging without, or in violation of a validly issued
				license from this department shall be subject to criminal and civil penalties
				pursuant to
				R.S.
				56:2012, et seq.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  56:2011.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XV - Reptiles and Amphibians › Chapter 1 - Guidelines › Section XV-101 - Recreational and Commercial Harvests; Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose. These regulations are to govern
				the collection, captive maintenance, research and management of native and
				certain exotic species of reptiles and amphibians. Consistent with the
				constitutional authority and legislative mandates, the Wildlife and Fisheries
				Commission, Department of Wildlife and Fisheries and the Louisiana Reptile and
				Amphibian Task Force support the following guidelines, principles and
				regulations for collectors, buyers/dealers and scientists handling native
				species of reptiles and amphibians.
B. General Considerations
1. The living conditions of animals held in
				captivity at field sites should be appropriate for that species and contribute
				to their health and well-being. The housing, feeding, and nonmedical care of
				the animals will be directed by a person trained and experienced in proper
				care, handling, and use of the species being maintained. Mixed housing is also
				appropriate for holding or displaying certain species.
2. Individuals of endangered or threatened
				taxa should neither be removed from the wild (except in collaboration with
				conservation efforts), nor imported or exported, except in compliance with
				applicable regulations.
3. Removal
				from the wild of potentially tending individuals of species known to tend nests
				should, as a general principle, be avoided during the nesting season unless
				justified for scientific reasons.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XVII - Commercial Fisherman's Assistance Program › Chapter 1 - Proof of Income › Section XVII-101 - Criteria for Establishing Proof of Income and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The eligibility of applicants for economic
				assistance under
				R.S.
				56:13.1, Commercial Fisherman's Assistance
				Program, shall be determined in accordance with the following criteria:
1. the applicant shall have purchased a
				saltwater gill net license in at least two of the years 1993, 1994 and 1995;
				and
2. the applicant shall have
				derived more than 50 percent of his earned income from the legal capture and
				sale of seafood species in at least two of the years 1993, 1994 and 1995;
				and
3. the applicant shall have
				suffered a loss of income due to the enactment of the Louisiana Marine
				Resources Conservation Act of 1995; and
4. applicant must have been a bona fide
				resident of Louisiana on June 30, 1995 and must provide proof of such as
				defined under
				R.S.
				56:8(12)(a); and
5. the applicant must have submitted his/her
				application not later than October 1, 1998.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XVII - Commercial Fisherman's Assistance Program › Chapter 3 - Net Buy-Back Program › Section XVII-301 - Criteria for Qualification; Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Until January 1, 1996, the Department of
				Wildlife and Fisheries shall purchase from qualified persons those commercial
				fishing nets that have been rendered illegal or useless due to the enactment of
				the Louisiana Marine Resources Conservation Act of 1995 (Act 1316).
B. In order to qualify, persons must have
				applied for assistance under the Commercial Fisherman's Assistance Program on
				or before October 1, 1995, and must have met all of the following criteria:
1. must have purchased a saltwater gill net
				license in at least two of the years 1995, 1994, and 1993;
2. during two of those years shall have
				derived more than 50 percent of his earned income from the legal capture and
				sale of seafood species;
3. shall
				not have been convicted of any fishery-related offense that constitutes a Class
				3 or greater violation; and
4. must
				have been a bona fide resident of Louisiana on June 30, 1995.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XIX - Hunting and WMA Regulations › Chapter 1 - Resident Game Hunting Season › Section XIX-101 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. The resident
				game hunting season regulations have been adopted by the Wildlife and Fisheries
				Commission. A complete copy of the regulations pamphlet may be obtained from
				the department.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  56:115.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XIX - Hunting and WMA Regulations › Chapter 1 - Resident Game Hunting Season › Section XIX-107 - Experimental Dove Field Leasing Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. In recognition of the popularity of dove
				hunting and the lack of lands available to the general public for dove hunting,
				the Wildlife and Fisheries Commission establishes rules for an Experimental
				Public Dove Hunting Program on private lands leased by the Department of
				Wildlife and Fisheries.
B. The
				following rules will apply to those lands which dove hunting rights have been
				leased by the Department of Wildlife and Fisheries for the day(s) specified in
				the lease.
1. All hunters are required to
				have a daily permit. This permit will be available at the field on the day of
				the hunt. Permits will be issued on a first come, first serve basis. An
				administrative fee may be charged for daily permits.
2. Leased fields may be closed to additional
				hunters when a predetermined number of permits have been issued. However,
				additional hunters may be admitted throughout the day as hunters leave the
				field and surrender their permits.
3. No alcoholic beverages may be consumed or
				possessed on the leased property. Persons who appear to be impaired or under
				the influence of alcohol or other controlled substances will be denied access
				to the field(s).
4. Shot is
				restricted to non-toxic shot, size 6 and smaller.
5. Repealed.
6. Loaded firearms are prohibited in vehicles
				or at check stations.
7. Persons
				exhibiting unsafe gun handling as determined by LDWF staff or assigns shall be
				removed from the field(s).
8.
				Vehicles are restricted to designated areas or roads.
9. No Littering. Each hunter is responsible
				for removing his/her trash, including shell hulls, from the leased
				property.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XIX - Hunting and WMA Regulations › Chapter 1 - Resident Game Hunting Season › Section XIX-111 - General and Wildlife Management Area Hunting Rules and Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hunting Seasons
				and Wildlife Management Area (WMA) Regulations
1. The rules and regulations contained within
				this digest have been officially approved and adopted by the Wildlife and
				Fisheries Commission under authority vested by
				sections
				115 of title 56 of the
Louisiana Revised Statutes
of 1950 and are in full force and
				effect in conjunction with all applicable statutory laws. The secretary of the
				Department of Wildlife and Fisheries (LDWF) has the authority to close or alter
				seasons in emergency situations in order to protect fish and wildlife
				resources.
2. Pursuant to section
				40.1 of title 56 of the
Louisiana Revised Statutes
of 1950,
				the Wildlife and Fisheries Commission has adopted monetary values which are
				assigned to all illegally taken, possessed, injured or destroyed fish, wild
				birds, wild quadrupeds and other wildlife and aquatic life. Anyone taking,
				possessing, injuring or destroying fish, wild birds, wild quadrupeds and other
				wildlife and aquatic life shall be required to reimburse the LDWF a sum of
				money equal to the value of the wildlife illegally taken, possessed, injured or
				destroyed. This monetary reimbursement shall be in addition to any and all
				criminal penalties imposed for the illegal act.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XIX - Hunting and WMA Regulations › Chapter 1 - Resident Game Hunting Season › Section XIX-115 - Turkey Hunting Areas, Seasons, and Bag Limits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Daily limit is one adult gobbler (male
				turkey). An adult gobbler is defined by having one of the following: wing
				feathers that have white barring all the way to the tip, tail feathers that are
				the same length, beard that is longer than 6 inches, or a spur that is at least
				1/2 -inch long. Properly licensed youth under 18 years of age may take one
				juvenile male turkey (jake) with a beard less than 6 inches per season. Season
				limit is two gobblers (male turkey). Any turkey harvested during the youth
				season are part of the season bag limit. Turkeys taken on WMAs are part of the
				season bag limit. Only one turkey may be taken during spring WMA lottery
				hunts.
B. Turkey season will open
				on the first Saturday in April. The area A turkey season will be 30 consecutive
				days in length, the area B turkey season will be 23 consecutive days in length,
				and the area C turkey season will be 16 consecutive days in length. Wildlife
				management areas, national forests, national wildlife refuges, and U.S. Army
				Corps of Engineers land may vary from this framework. On those years when the
				first Saturday in April falls the day before Easter, then the season will open
				the Friday before the first Saturday in April.
C. Statewide youth turkey and physically
				challenged season on private lands shall be the weekend prior to the start of
				the regular turkey season. On those years when the weekend prior to the start
				of regular turkey seasons falls on Easter weekend, then the youth and
				physically challenged season will open on Good Friday.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  56:115.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XIX - Hunting and WMA Regulations › Chapter 1 - Resident Game Hunting Season › Section XIX-119 - WMA Ecotours

Current through Register Vol. 50, No. 6, June 20, 2024
A. Licensed
				Ecotours
1. Pursuant to
				R.S.
				56:1833 on Wild Louisiana Guide License,
				individuals possessing a Wild Louisiana Guide License may conduct commercial
				boat/vessel ecotour activities on Maurepas Swamp and Pearl River WMAs only, via
				permit issued by the Department of Wildlife and Fisheries. Commercial ecotour
				activities must:
a. Obtain annually, a
				Special Use Permit from the Department of Wildlife and Fisheries. Such permits
				will specify:
i. dates, times, locations, and
				routes, whereby which tours may be conducted on a given WMA;
ii. number and types of vehicles and/or
				vessels, as well as number of individual tours or outings that will be allowed
				within a given timeframe;
iii.
				requirements for annual reporting will include number of tours conducted,
				number of vehicles and vessels per tour conducted, number of clients per tour
				conducted, dates, and beginning and ending times of activities;
iv. any additional requirements deemed
				necessary and appropriate by the department.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-1 - Scope

Current through 2024-29, July 17, 2024
These rules of procedure shall be applicable to public
				  hearings before the Commissioner of Agriculture and the Board of Pesticides
				  Control on the following subjects:
A.
				Determination by the Commissioner of Agriculture, pursuant to the Maine
				Pesticide Control Act of 1975, as amended, 7 M.R.S.A., §601,
et
				seq
. and approval of such determinations by the Board of Pesticides
				Control, pursuant to 22 M.R.S.A. § 1471,
et seq
.,
				relating to the refusal to register or renew registration, the cancellation,
				suspension, or limitation of registration of any pesticide registered or
				proposed to be registered for use in the State of Maine; and
B. The terms and conditions that the Board of
				Pesticides Control, pursuant to 22 M.R.S.A., §1471-A,
et
				seq
., considers necessary to place on licenses to apply pesticides
				which the Commissioner proposes to regulate pursuant to section I(A).
These rules of procedure shall not be applicable to emergency
				  rule-making procedures on any of the foregoing subjects.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-2 - Definitions

Current through 2024-29, July 17, 2024
A. The term "Commissioner" shall mean the
				Commissioner of the Maine Department of Agriculture, Food and Rural Resources
				or a designee of the Commissioner.
B. The term "Board" shall mean the Maine
				Board of Pesticides Control.
C. The
				term "Department" shall mean the Maine Department of Agriculture, Food and
				Rural Resources.
D. Other terms
				used in these rules of procedure shall have the same meanings as defined by the
				Maine Pesticide Control Act of 1975, as amended
				7 M.R.S.A. §601,
et seq
. and
				22 M.R.S.A.
				§1471-A,
et seq
. unless
				more specially defined herein or the context of these rules of procedure
				requires a different meaning.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-3 - Procedures for Initiating Rule-Making

Current through 2024-29, July 17, 2024
A. By the
				Commissioner: The procedure for proposing determinations by the Commissioner
				which are the subject of Section 1(A) of these rules of procedure shall be for
				the Commissioner to publish notice of a proposed determination and a public
				hearing thereon pursuant to Section 4 hereof.
B. By the Board:
1. The procedure, for action by the Board on
				proposed determinations by the Commissioner which are within the scope of
				Section 1(A) of these rules of procedure shall be for the Board to publish
				notice of a public hearing on any proposed determination by the Commissioner
				pursuant to Section 4 of these rules.
2. The procedure for proposed rules by the
				Board which are within the scope of Section I(B) of these rules of procedure
				shall be for the Board to publish notice of a public hearing on any proposed
				license terms and conditions, pursuant to Section 4 of these rules.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-4 - Notice

Current through 2024-29, July 17, 2024
A. Notice of a public hearing within the
				scope of these rules shall be given at least twenty (20) days prior to the date
				of the hearing to:
1. The registrant or
				proposed registrant of the pesticide which is the subject of the
				hearing;
2. Any person who has
				filed with the Department or Board a written request for notice of rule-making
				on this subject within the past year;
3. Any trade, industry, professional,
				environmental, interest group or regional publication that the Department or
				the Board deems effective in reaching the persons affected; and
4. The Secretary of State for publication in
				accordance with 5 M.R.S.A. § 8053.5.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-5 - Presiding Officer

Current through 2024-29, July 17, 2024
A. The Commissioner
				and the Board may jointly authorize, subject to Subsection B hereof, any one of
				the following to act as presiding officer of a hearing which is the subject of
				these rules of procedure;
1. the
				Commissioner,
2. the Chairperson of
				the Board,
3. a member of the
				Board,
4. an employee of the
				Department or the Board, or
5. a
				representative of the Commissioner or the Board.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-6 - Bias of Presiding Officer or Board Member

Current through 2024-29, July 17, 2024
A. Hearings shall be conducted in an
				impartial manner. Upon the filing in good faith by a party of a timely charge
				of bias or of personal or financial interest, direct or indirect, of a
				presiding officer or a member of the Board in the proceeding requesting that
				such person disqualify himself, that person shall determine the matter as a
				part of the record.
B. The person
				involved may consult with private counsel or the Attorney General's Office
				concerning any such charge.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-7 - Deviation from Rules

Current through 2024-29, July 17, 2024
The Commissioner and the Board, together or through the
				  presiding officer, may permit deviation from these procedural rules when
				  necessary or helpful to the achievement of the objectives of the hearings which
				  are the subject of these rules of procedure.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-8 - Intervention; Pre Filed Testimony

Current through 2024-29, July 17, 2024
A. Upon application
				in accordance with the time limits specified in the notice of the hearing, the
				presiding officer may designate intervenors in any hearing which is the subject
				of these rules of procedure.
B.
				Intervenors may include organizations and agencies of federal, state or local
				government and shall, upon proper application, include registrants.
C. The presiding officer shall allow to
				intervene any person who shows that he/she is or may be, or is a member of a
				class which is or may be, substantially and directly affected by the proceeding
				and possesses an ability to participate actively and fully in the proceedings
				in accordance with subsection F hereof.
D. The presiding officer may also allow any
				other interested person to intervene or participate as a full or limited party
				to the proceeding. This subsection shall not be construed to limit public
				participation in the proceeding in any other capacity.
E. Where appropriate, the presiding officer
				may require consolidation of presentations of evidence, cross-examination and
				argument by members of the class entitled to Intervene under subsection B &
				C, or by persons allowed to intervene under subsection D hereof. In determining
				that any party shall be required to consolidate its presentation,
				cross-examination and argument, the presiding officer shall consider the number
				of parties, the interests of each party, whether they propose to offer
				testimony or participate only by cross-examination, and the nature and extent
				of their proposed testimony. No party shall be required to consolidate where it
				is clear that the party will, as a consequence of the consolidation, be unable
				to make an adequate presentation of that person's position.
F. All persons designated as intervenors
				shall be required to:
1. Prepare or present
				any and all direct testimony and evidence in writing in advance of the time
				when the testimony is to be given, at the time specified in the notice of the
				hearing.
2. File with the
				Commissioner and the Board, ten copies of each written document presented to
				the Board and Commission and serve one copy of any written document presented
				to the Commission and the Board on all other designated intervenors.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-9 - Participation by Staff

Current through 2024-29, July 17, 2024
Staff of the Commissioner and the Board may appear and
				  participate in the hearings. Evidence which the Commissioner or members of the
				  Board wish to place in the record may be presented by staff. Staff shall not be
				  subject to the pre-filed testimony requirements of Section
				  8(F) hereof, but shall
				  make any documentary evidence to be presented available for inspection and
				  copying to interested persons, including intervenors, in advance of the hearing
				  if possible.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-10 - Public Testimony

Current through 2024-29, July 17, 2024
A. At an
				appropriate time during each session of the hearing, members of the public
				wishing to make statements shall be given the opportunity to do so.
B. The procedure for the testimony from the
				public shall be as follows:
1. At the
				beginning of each session, the presiding officer may announce the concerns
				which are expected to be covered by that session. The concerns may include, but
				are not limited to:
a. potential health risks
				posed by the pesticide;
b.
				agricultural uses of the pesticide;
c. silvicultural uses of the
				pesticide;
d. the utility of the
				pesticide in integrated pest management; and
e. viable alternatives to use of the
				pesticide.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-11 - Pre-Hearing Conference

Current through 2024-29, July 17, 2024
The presiding officer may, at such time as specified in the
				  notice of the hearing, hold a pre-hearing conference for the following
				  purposes:
A. Ruling on applications
				for intervenor status which have not yet been determined;
B. Ruling on other motions;
C. Formulating or simplifying
				issues;
D. Marking
				exhibits;
E. Limiting the number of
				witnesses and consolidating the presentation of evidence, cross-examination of
				witnesses, and arguments of parties, and
F. Providing for procedures to be followed at
				the hearing and for any other purpose that may expedite the orderly conduct and
				disposition of the proceeding.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-12 - General Conduct of Rearing

Current through 2024-29, July 17, 2024
A. Opening
				Statement: The presiding officer shall open the hearing by describing in
				general terms the purpose of the hearing and the general procedure governing
				the conduct.
B. Transcription of
				Testimony: All testimony at a hearing shall be recorded and, if necessary,
				transcribed.
C. Witnesses:
				Witnesses shall be sworn. Witnesses will be required to state for the record
				their name, residence and who they represent, if anyone, for the purpose of the
				hearing.
D. Testimony: All persons
				offering testimony in written form may offer a brief oral summary of the
				writing.
All persons offering testimony in written form may be subject
				  to questioning. This sub-section D shall not be construed to prevent oral
				  testimony at a scheduled hearing by any member of the public who requests and
				  is granted time to testify.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-13 - General Evidence

Current through 2024-29, July 17, 2024
A. Admissibility:
				Evidence which is relevant and material to the subject matter of the hearing
				and is of the type which reasonable persons are accustomed to rely upon in the
				conduct of serious affairs shall be admissible. Evidence which is irrelevant or
				unduly repetitious shall be excluded.
B. Official Notice:
1. The Commissioner and the Board may, at any
				time, take official notice of any facts of which judicial notice could be
				taken, and of general, technical or scientific matters within their specialized
				knowledge and the statutes, regulations and non-confidential agency
				records.
2. Notwithstanding
				subsection 1 hereof, both the Commissioner and the Board may rely upon their
				experience, technical competence and specialized knowledge in the evaluation of
				evidence presented to them.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-14 - Testimony

Current through 2024-29, July 17, 2024
In the absence of an indicated procedure to the contrary,
				  direct testimony shall be offered in the following order:
A. Staff and consultants of the Commissioner
				and the Board;
B. Where the hearing
				is conducted in response to a petition, the person who filed the
				petition;
C. Registrants;
D. Other intervenors; and
E. Members of the public.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-15 - Questions

Current through 2024-29, July 17, 2024
A. The Commissioner, members of the Board,
				staff, consultants and counsel for the Commissioner and the Board may ask
				questions at any time.
B. Persons
				generally will be permitted to present questions in the same order as specified
				for direct testimony, subject to the provisions of subsections C and D
				hereof.
C. Cross-examination by
				registrants and other intervenors shall be limited to:
1. Areas relevant to the subject matter of
				the proceeding which are not repetitious of written or oral questions asked by
				others, and
2. Questions which will
				not unduly extend the proceedings.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 1 - RULES OF PROCEDURE GOVERNING PESTICIDE HEARINGS › Section 001-1-16 - Continuance

Current through 2024-29, July 17, 2024
All hearings conducted pursuant to these rules of procedure
				  may be continued for reasonable cause and reconvene from time to time and from
				  place to place by the presiding officer as circumstances require. All orders
				  for continuance shall specify the time and place at which such hearings shall
				  be reconvened.