Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 5 - Oysters › Section VII-515 - Oyster Lessee Out-of-State Landing Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. Policy. The oyster lessee out-of-state
				landing permit is intended for the benefit of an oyster leaseholder, or his
				duly authorized designee, who desires to land oysters, from privately leased
				water bottoms only, outside the state of Louisiana, and to provide an effective
				method of regulating the transportation of oysters landed or off-loaded from a
				vessel outside of Louisiana. It is for use by Louisiana licensed oyster
				fishermen. Violation of any provision of the rules, regulations or statutes
				concerning the oyster out-of-state landing permit by the permittee, oyster
				harvester or vessel owner while operating under the permit shall result in the
				suspension and/or revocation of the permit in addition to any citations
				resulting from activities. The permit shall be valid for up to one calendar
				year beginning on January 1 and ending on December 31 of the same year. The
				cost per permit shall be $100.
B.
				Permit Application and Procedures
1.
				Applications shall be available from the Louisiana Department of Wildlife and
				Fisheries (LDWF) licensing office in Baton Rouge at any time during regular
				business hours. Completed applications, along with required documentation, will
				be accepted only by appointment at the LDWF Marine Fisheries Division in Baton
				Rouge. Applications shall only be accepted from the oyster leaseholder, or
				harvester operating on the leaseholder's behalf. All required information shall
				be provided before a permit is issued.
2. Applications shall include the following
				information:
a. applicant information
				including name, address, telephone number, Social Security number, and driver's
				license number. If applicable, commercial license numbers (vessel, oyster
				harvester, commercial fisherman) and vessel registration or U.S. Coast Guard
				(USCG) documentation;
b.
				leaseholder information including name, address, and leaseholder account
				identification number:
i. if name of
				leaseholder is a corporation, partnership, or other legal entity, the Louisiana
				Secretary of State Charter/Organization number must be provided;
ii. if the name of the leaseholder is
				different than the applicant, the applicant must provide valid permission from
				the leaseholder (also refer to Subparagraph B.2.i below);
c. harvester information including name,
				address, telephone number, Social Security number, and driver's license number.
				If applicable, commercial license numbers (vessel, oyster harvester, commercial
				fisherman) may be required;
d.
				vessel owner information including name, address, telephone number, Social
				Security number, and driver's license number. If applicable, commercial license
				numbers (vessel, oyster harvester, commercial fisherman) may be
				required;
e. vessel information
				including name of vessel, vessel license number, USCG vessel documentation
				number, and/or vessel registration number, if applicable;
f. lease number(s) to be fished, and
				leaseholder name and identification number for each lease, while operating
				under the permit;
g. copies of
				vessel registration certificate(s) or U.S. Coast Guard vessel documentation
				certificate;
h. proof of lease
				ownership by supplying copies of certified lease plats and/or documents:
i. corporation-if lessee name on plat is a
				corporation, provide the Louisiana Secretary of State Charter/Organization
				number. The applicant must be a registered director or agent of the
				corporation. If the applicant has been given permission to fish the lease(s) by
				the corporation, please refer to Subparagraph B.2.i below;
ii. power of attorney-if lease(s) listed on
				the application are not listed under the applicant's account, the applicant
				shall provide documentation of power of attorney for the estate of the
				leaseholder. If the applicant has been given permission to fish the lease(s) by
				the estate of the leaseholder, please refer to Subparagraph B.2.i
				below;
i. written,
				signed, notarized, and dated permission from the leaseholder to fish the
				lease(s), if applicable:
i. corporation-the
				person granting permission must be a registered director or agent of the
				corporation which owns the lease(s) listed on the application;
ii. power of attorney-the person granting
				permission must provide documentation of power of attorney for the estate of
				the leaseholder which owns the lease(s) listed on the application.