Louisiana Administrative Code › Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS › Part I - Regulations › Chapter 12 - Seafood Regulations › Subchapter A - Shellfish Depuration Regulations › Section I-1246 - Depuration-Harvesting Permit [Formerly 49:6.140]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person, firm or corporation engaging
				  in the business of harvesting shellfish for depuration purposes from areas not
				  approved by the state health officer for direct market harvesting shall be
				  required to have an unsuspended or unrevoked harvesting-for-depuration permit
				  issued by the Department of Health and Hospitals. Growing waters to be utilized
				  for harvesting purposes must meet or exceed the Department of Health and
				  Hospitals' criteria for restricted area classification. A fee of $50 shall be
				  charged for each 30-day permit.
B.
				  Harvesting-for-depuration permits shall be granted only to responsible
				  individuals with no recent history of illegal harvesting violations under the
				  following conditions.
1. No permittee, vessel
				  captain or crew member may serve on any vessel subject to this permit who has
				  been cited or found guilty of violations relative to the harvesting of
				  shellfish within three years of the application date; provided, however that
				  said permittee, crew member or vessel captain may receive a waiver of this
				  condition with regard to those citations which did not result in a conviction
				  upon the appropriate showing being made to the Department of Wildlife and
				  Fisheries.
2. A $5,000 cash
				  performance bond consisting of a bank cashier's check or money order made
				  payable to the Department of Health and Hospitals shall be posted by each
				  permittee.
3. Harvesting and
				  transporting of shellfish to depuration plants shall be permitted only during
				  daylight hours with all activities completed no later than 30 minutes after
				  official sunset each day.
4. The
				  permittee shall be responsible for notifying the Department of Wildlife and
				  Fisheries prior to leaving port to fish under permitted conditions and
				  immediately upon returning from permitted trip each day. The Department of
				  Wildlife and Fisheries shall be notified by calling 1-800-442-2511.
5. All leases utilized for
				  harvesting-for-depuration purposes shall be "red flagged" so that they may be
				  easily spotted by both aircraft and boat. "Red flagged", as used in this
				  paragraph, means that the four outside corners of a lease must be marked with
				  poles with red flags attached.
6.
				  The sacking of shellfish and the storage of empty shellfish sacks aboard
				  permitted vessels is prohibited.
7.
				  All harvesting and transporting of shellfish for delivery to a depuration plant
				  shall be done in the direct line of sight of a commissioned municipal, parish,
				  or state police officer, or bonded security guard from a state licensed agency.
				  The payment of the surveillance officers salary and expenses shall be the
				  responsibility of the permittee.
8.
				  A maximum of five harvest boats may be included on one permit under the
				  following conditions:
a. The permittee, vessel
				  captain and crew members shall all be held liable for rule
				  violations.
b. All vessels must be
				  in direct line of sight of state approved surveillance officer during
				  harvesting and transporting of shellfish to depuration plant.
c. Each permitted vessel shall have the
				  permit number in at least 6-inch high letters on a contrasting background so as
				  to be visible from low flying aircraft or from any other enforcement vessel in
				  the immediate area.
9.
				  Failure to comply with any of the permitting requirements specified in this
				  Section shall result in the following administrative actions:
a. The harvesting-for-depuration permit and
				  all permitting privileges shall be immediately suspended by the Department of
				  Wildlife and Fisheries or the Department of Health and Hospitals.
b. All shellfish harvested-for-depuration
				  purposes shall be returned to the original growing waters at permittee's
				  expense.
c. If said charges are
				  upheld in an administrative hearing, the following additional penalties shall
				  be imposed:
i. harvesting-for-depuration and
				  transplant permitting privileges shall be denied for a period of three
				  years;
ii. the $5,000 cash bond
				  posted by the permittee shall be forfeited and retained by the state.