Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 5 - Oysters › Section VII-535 - Alternative Oyster Culture Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions. For purposes of this Section,
				the following terms shall have the following meanings.
Alternative Oyster Culture Activity
or
AOC Activity-
any on-bottom, off-bottom, or other means of
				  cultivating or growing oysters other than directly on reefs or other water
				  bottoms, including but not limited to the use of on-bottom cages or bags or
				  floating, suspended, or otherwise off-bottom cages or bags, and includes the
				  harvesting of oysters so grown or cultivated.
Alternative Oyster Culture Permit
,
AOC Permit
, or
Permit-
permit authorizing AOC
				  activity, as authorized by
				  R.S.
				  56:431.2, unless otherwise specifically
				  provided.
Alternative Oyster Culture Permittee
,
AOC Permittee
, or
Permittee-
person to whom an
				  AOC permit has been issued or transferred, unless otherwise specifically
				  provided.
Oyster Lease
or
Lease-
oyster bedding ground lease of state water bottoms, or
				  renewal thereof, pursuant to
				  R.S.
				  56:427 or 428.
Secretary-
secretary of the Department of
				  Wildlife and Fisheries or his designee.
B. Permits. The secretary may issue
				alternative oyster culture activity permits in accordance with
				R.S.
				56:431.2 and this rule.
1. Authorized Activity. An AOC permit
				authorizes the permittee and, upon written authorization by the permittee, any
				authorized user of the permit to engage in the AOC activities specified in the
				permit on the permit area. The permittee, any authorized user, and any laborer,
				deckhand, or other person working under the direction of a permittee or
				authorized user may engage in such activities on the water bottoms, in the
				water column, and on the water surface above the water bottoms within the
				permit area, to the extent specified in the permit, and in accordance with the
				provisions of
				R.S.
				56:431.2 and this rule.
2. Term. An AOC permit is valid for 10 years
				or until termination of the oyster lease containing the permitted area
				(including any renewal thereof) to which the permit pertains, whichever occurs
				first. If the lease is renewed pursuant to
				R.S.
				56:428, the permit shall continue in effect
				until expiration of the 10-year term. All permits shall expire December 31 of
				the last year of the permitted term.
3. Transfer. An AOC permit is transferrable
				only with the transfer of the lease containing the permitted area, and only to
				the transferee of the lease. If the lease is transferred, the permit shall
				automatically terminate on the effective date of the transfer of the lease
				unless the permit is transferred simultaneously with the transfer of the lease.
				If the lease is transferred by succession, the permit shall be presumed to have
				been transferred with the lease unless the transferee of the lease surrenders
				the permit to the department. Under no circumstances may the permittee be any
				person other than the lessee of the lease containing the permitted area.
				Wherever the term "permittee" is used in a permit or this rule, it includes any
				transferee of that permit unless the context clearly requires otherwise. The
				department will charge the transferee a fee of $10 per permit for transfer of a
				permit.
4. Authorized Users. An AOC
				permittee may authorize any person holding a valid oyster harvester license
				pursuant to
				R.S.
				56:303.6 and a valid commercial fisherman's
				license pursuant to
				R.S.
				56:303 to engage in permitted AOC activities
				on the permit area. Any such authorization shall be in writing. Laborers,
				deckhands, and other persons working under the direction of a permittee or
				authorized user do not themselves need a permit or authorization. Wherever the
				term "permittee" is used in a permit or this rule, it includes any authorized
				user of that permit unless the context clearly requires otherwise.
5. Permit Availability. Persons engaged in
				AOC activities must show the permit upon demand to a duly authorized agent of
				the department. Authorized users engaged in AOC activities must also show the
				written authorization upon demand to a duly authorized agent of the
				department.
6. Permit Fee. The fee
				for an AOC permit is $2 per acre or fraction of an acre, per year (or fraction
				of a year through December 31, for the first year).
a. AOC permit fee notices will be mailed to
				AOC permittees at least 30 days in advance of the due date, which is January 1
				of each year.
b. During the first
				week of February of each year, the department will compile a list of AOC
				permits that are in default. After compiling the list, each AOC permittee will
				be notified by certified mail that his permit is in default and will be
				canceled if payment is not received by March 31.
7. Hours of Operation. No person shall
				conduct AOC activities between the hours of one-half hour after sunset and
				one-half hour before sunrise.
8.
				Compliance with Other Laws
a. The permittee
				shall comply with all other applicable laws, regulations, and orders, including
				but not limited to those pertaining to oyster leases, oyster fishing, fisheries
				closures, coastal use permits, and obstruction to navigation, construction,
				wetlands, dredge, or fill permits.
b. With respect to any oysters grown,
				harvested, or otherwise present in or removed from the permit area, the
				permittee shall comply with all requirements that would be applicable under any
				law, regulation, or order if the oysters had been grown on the water bottom,
				unless otherwise provided in
				R.S.
				56:431.2 or this rule.
9. Amendment. Upon application by the
				permittee, an AOC permit may be amended by the secretary, subject to the same
				requirements for and discretion of the secretary regarding an original permit
				application. The application for the amendment shall specify all respects in
				which the permit is sought to be amended. A new plat and schematics shall be
				provided, if the permitted acreage or location or extent of permitted
				facilities is sought to be amended. A greater or lesser removal bond may be
				required, if the types or extent of the permitted AOC activities, facilities,
				or equipment are sought to be amended. The original term of the permit cannot
				be amended.
10. Termination. An AOC
				permit is terminable by the secretary:
a. upon
				conviction or guilty plea to a significant violation or repeated violations of
				the permit, or a Class 4 or greater oyster-related violation as defined in the
				laws pertaining to wildlife and fisheries, by the permittee or anyone
				authorized by the permittee to engage in AOC activities on the permitted
				area;
b. for failure to pay the
				annual permit fee by March 31;
c.
				for provision of false information in relation to the permit or the application
				for the permit; or
d. upon the
				permittee's surrender of the permit to the department.
11. Removal of Equipment. The AOC permittee
				shall remove all equipment, facilities, and other items used for AOC activities
				from the permit area within 120 days after termination, cancellation, or
				expiration of the AOC permit. However, the department may allow facilities or
				portions thereof (such as pilings below the surface of the water bottoms) to
				remain if authorized in writing by the Department of Natural Resources and the
				U.S. Army Corps of Engineers and in accordance with any such permission. The
				department will allow additional time for completion of removal activities
				during the pendency of a request for such authorization, and may also allow
				additional time due to extenuating circumstances upon written request by the
				permittee.