reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 5 - Oysters › Section VII-511 - Public Oyster Seed Grounds East of the Mississippi River

Current through Register Vol. 50, No. 6, June 20, 2024
A. The public oyster seed grounds east of the
				Mississippi River are described as that portion of state water bottoms hatched
				on the map below, except as follows:
1. that
				portion as described in Louisiana Administrative Code (LAC) 76:VII.531.B.
				(Oyster Lease Relocation) and more particularly described as that area within
				the following coordinates (North American Datum 1983):
a. South Breton Sound
i. 89 degrees 27 minutes 49.74 seconds W
29 degrees 27 minutes 48.91 seconds N;
ii. 89 degrees 26 minutes 36.54 seconds W
29 degrees 27 minutes 48.89 seconds N;
iii. 89 degrees 26 minutes 36.47 seconds W
29 degrees 26 minutes 38.48 seconds N;
iv. 89 degrees 28 minutes 04.69 seconds W
29 degrees 26 minutes 43.66 seconds N;
v. 89 degrees 28 minutes 58.49 seconds W
29 degrees 26 minutes 41.69 seconds N.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 5 - Oysters › Section VII-519 - Establishment of an Oyster Harvest Area Grid System

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purpose of submission of oyster
				leaseholder production information, as required in
				R.S.
				56:430.1, the oyster harvest area grid system
				is established as those grid areas detailed on the map which is attached hereto
				and made a part hereof.
Click Here To View
				  Image
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  56:430.1.B.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 5 - Oysters › Section VII-523 - Oyster Cargo Vessels

Current through Register Vol. 50, No. 6, June 20, 2024
A. Policy. The
				Oyster Cargo Vessel (OCV) permit is intended to assist oyster harvesters with
				meeting refrigeration requirements as set forth in the Louisiana Department of
				Health and Hospitals Shellfish Sanitation Code (Title 51) and to facilitate
				harvest and transport of shell-stock harvested from Louisiana water bottoms. It
				is also intended to provide an effective method of regulating the transfer of
				oysters from harvest vessels to cargo vessels which will land or off-load
				oysters. Violation of any provision of the rules, regulations or statutes
				concerning the oyster cargo vessel permit by the permittee, oyster harvester or
				vessel owner while operating under the OCV permit shall result in suspension
				and/or revocation of the permit in addition to any citations resulting from
				activities.
B. Permit Procedures
1. Permits shall be available from the
				Department of Wildlife and Fisheries (LDWF) licensing office in Baton Rouge at
				any time during regular business hours. The OCV permit may be purchased at any
				time of the year for the current license year and from November 15 for the
				immediately following year, and shall be valid for up to one calendar year
				beginning January 1 and expiring on December 31 of the same calendar year. The
				annual fee per permit shall be $250 for residents and $1105 for
				nonresidents.
2. Permits shall be
				issued in the name of the vessel owner and shall have the vessel identified on
				the license.
3. Any designee
				obtaining the permit on the vessel owners behalf must present to LDWF licensing
				a signed, notarized document from the vessel owner, which includes the vessel
				owner's name, address, Social Security number, date of birth and driver's
				license number, and registration number or USCG document number of the vessel
				to be permitted, giving permission for the designee to obtain the permit. If
				the owner of such vessel is a corporation, the Louisiana Secretary of State's
				charter/organization identification number shall be required and the permission
				document shall be signed by a registered agent or director of the corporation
				as identified by the Louisiana Secretary of State's office. Permits shall only
				be issued to validly licensed vessels.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 5 - Oysters › Section VII-525 - Commercial Oyster Seed Ground Vessel Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A. Policy. For license year beginning 2009
				any oysters taken for commercial purposes from the public natural reefs or the
				oyster seed grounds or reservations, except those in Calcasieu Lake or Sabine
				Lake, shall be placed only on a vessel which has an oyster seed ground permit
				issued exclusively by the department. The permit does not grant any rights to
				the oyster resource or any rights to harvest oysters from the waters of the
				state and shall not be sold, exchanged, or otherwise transferred. No new
				applications for vessel permits shall be accepted after December 31, 2009. The
				permit shall be valid for up to one calendar year beginning on January 1 and
				ending on December 31 of the same year, but may be made available for purchase
				beginning on November 15 for the immediately following license year.
B. Eligibility. Only vessel owners meeting
				the eligibility requirements outlined in
				R.S.
				56:433.1 shall be issued a permit. Permit
				applicants must provide to the Licensing Section of the department proof of
				vessel ownership by submitting the current certificate of registration or
				certificate of documentation with the United States Coast Guard to the
				Licensing Section of the department.
C. Proof of Participation: In addition to the
				requirement in Subsection B herein, applicants must meet either Paragraph 1, 2
				or 3 below to be issued a permit:
1. applicant
				owned a vessel that was properly licensed and registered in applicant's name
				during a time in which department trip ticket records demonstrate that the
				vessel had commercial oyster landings in the state of Louisiana between January
				1, 2004 and May 31, 2007;
2. for
				applicants who purchased or constructed a vessel and licensed that vessel for
				commercial fishing in the state of Louisiana between January 1, 2004 and April
				30, 2008, and department trip ticket records demonstrate that oysters were
				landed on that vessel in the state of Louisiana between the time of the
				vessel's purchase or construction and July 1, 2008;
3. for applicants with a newly constructed
				vessel or a vessel under construction, the vessel has not been previously
				registered in any state or foreign country or issued a USCG documentation
				number, and the applicant presents to the Licensing Section of the department:
a. a signed, dated, and notarized
				verification from a marine surveyor qualified and accredited by NAMS (National
				Society of Marine Surveyors) or SAMS (Society of Accredited Marine Surveyors)
				that construction of the vessel for which the permit will be issued was at
				least 50 percent complete by July 1, 2008, or
b. a signed, dated, and notarized
				verification from the corporation that built the vessel that construction of
				the vessel for which the permit will be issued was at least 50 percent complete
				by July 1, 2008.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 5 - Oysters › Section VII-527 - Oyster Seed Ground Vessel Permit Renewal and Re-Issuance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Renewal Permit. A holder of a valid permit
				for the current license year may apply for a renewal of the permit for the
				immediately following license year beginning on November 15 of the current
				license year or at any time during the immediately following license year,
				provided the holder and the vessel are identical to the holder and vessel
				listed on the permit for the current license year.
B. Re-Issuance Permit. The following persons
				shall be eligible to apply for a re-issuance permit.
1. A holder of a valid permit for the current
				or immediately preceding license year whose vessel listed on the permit is no
				longer in-service for the commercial harvest of oysters on the public seed
				grounds may apply for a re-issuance permit in the holders name for another
				vessel. The current permit shall be relinquished to the department prior to
				obtaining a re-issuance permit.
2.
				A person acquiring a vessel listed on a valid permit for the current or
				immediately preceding license year may apply for a re-issuance permit for the
				vessel in the applicant's name upon providing documentation to the department
				that the vessel is titled in the applicant's name. Documentation shall be in
				the form of a bill of sale, judgment of possession, or act of donation. The
				current permit shall be relinquished to the department prior to obtaining a
				re-issuance permit.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 5 - Oysters › Section VII-529 - Oyster Seed Ground Vessel Permit Appeals Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person whose application for an Oyster
				Seed Ground Vessel Permit is denied by the department may appeal the denial to
				the Oyster Seed Ground Vessel Appeals Board. Based upon the following procedure
				and requirements, the appeals board may recommend to the secretary that a
				permit be issued.
1. Hardship. The appeals
				board may recommend issuance of an Oyster Seed Ground Vessel Permit based on a
				decision of hardship.
a. An applicant
				submitting an appeal based upon the denial of an initial application submitted
				on or before December 31, 2009 for a Seed Ground Vessel Permit shall
				demonstrate by clear evidence that all of the following requirements have been
				met.
i. The applicant legally harvested
				oysters from the public seed grounds, either for market or seed, during at
				least two of the license years 2004, 2005, 2006, 2007, and 2008. This evidence
				may be trip ticket information or notarized written statements of two Louisiana
				licensed oyster harvesters.
ii. If
				the applicant is an individual, the applicant shall have held a Louisiana
				Commercial Fishing License and a Louisiana Oyster Harvester's License for at
				least two of the license years 2004, 2005, 2006, 2007, and 2008.
iii. One of the following conditions
				prevented the applicant's ability to otherwise meet the statutory eligibility
				requirements for a permit:
(a). divorce
				proceeding;
(b). bankruptcy or bank
				foreclosure;
(c). dissolution of an
				oyster harvesting business partnership;
(d). applicant's former or current vessel was
				the subject of a lawsuit;
(e).
				military service;
(f). serious
				medical condition or death;
(g).
				applicant's former or current vessel was damaged or destroyed in a fire,
				natural disaster, sinking, or other accident.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 5 - Oysters › Section VII-531 - Oyster Lease Relocation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Eligibility. Those leases which are currently located wholly within a public
				oyster seed ground, and any former leases which were determined by the
				Department of Wildlife and Fisheries to have been non-renewed since 1998 due to
				the fact that such leases were wholly contained within a public oyster seed
				ground, shall be eligible for relocation.
B. Area of Relocation. The below described
				area, recommended by the Department of Wildlife and Fisheries and approved by
				the Office of Coastal Protection and Restoration, in consultation with the
				Louisiana Oyster Task Force, is hereby set aside from the Public Oyster Seed
				Grounds east of the Mississippi River, as described in Louisiana Administrative
				Code (LAC) 76:VII.511. This area is more particularly described as that area
				within the following coordinates (North American Datum 1983):
1. 89 degrees 27 minutes 49.74 seconds W 29
				degrees 27 minutes 48.91 seconds N;
2. 89 degrees 26 minutes 36.54 seconds W 29
				degrees 27 minutes 48.89 seconds N;
3. 89 degrees 26 minutes 36.47 seconds W 29
				degrees 26 minutes 38.48 seconds N;
4. 89 degrees 28 minutes 04.69 seconds W 29
				degrees 26 minutes 43.66 seconds N;
5. 89 degrees 28 minutes 58.49 seconds W 29
				degrees 26 minutes 41.69 seconds N.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 5 - Oysters › Section VII-533 - Calcasieu Lake Oyster Harvester Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any oyster taken from the Calcasieu Lake
				Public Oyster Area for commercial purposes during the open season shall only be
				taken by a person legally issued a Calcasieu Lake Oyster Harvester Permit by
				the department. The permit does not grant any rights to the oyster resource or
				any rights to harvest oysters from the waters of the state and shall not be
				sold, exchanged, or otherwise transferred. The permit is valid for one calendar
				year, beginning on January 1 and expiring on December 31 of the same calendar
				year. The permit may be obtained at any time of the year until November 15 for
				the current license year. A permit obtained on or after November 15 of the
				current license year shall be valid for the remainder of the current license
				year and expires on December 31 of the immediately following license year. This
				permit is only applicable for commercial harvest. Recreational fishermen may
				harvest one sack per person per day.
B. Applications. Initial application for the
				permit shall be made to the department. To be eligible for this permit the
				applicant must hold current and valid licenses and permits required for the
				harvest of oysters, including a commercial fisherman license and an oyster
				harvester license.
C. Operations.
				Vessels engaged in an activity for which this permit is required must have
				onboard the vessel the valid original permit and shall show the permit upon
				demand to a duly authorized agent of the department.
D. Enforcement. The penalties for violation
				of these commission regulations pertaining to taking, possessing, recording or
				reporting of landings or selling oysters from Calcasieu Lake shall be as
				provided for in R.S . 56:435.1.1(E).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  56:6 and
				  R.S.
				  56:435.1.1.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 5 - Oysters › Section VII-537 - Establishment of Recreational Reef Sites and Restriction of Oyster Harvest

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Wildlife and
				Fisheries Commission hereby establishes the following recreational reef sites
				as that area within the following coordinates (North America Datum 1983):
1. California Point-Plaquemines Parish:
a. 29 degrees 29 minutes 08.86 seconds N, 89
				degrees 29 minutes 11.15 seconds W;
b. 29 degrees 29 minutes 08.63 seconds N, 89
				degrees 28 minutes 54.46 seconds W;
c. 29 degrees 28 minutes 54.02 seconds N, 89
				degrees 28 minutes 54.73 seconds W;
d. 29 degrees 28 minutes 54.25 seconds N, 89
				degrees 29 minutes 11.42 seconds W;
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 5 - Oysters › Section VII-539 - Oyster Harvester Training Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				following defines the requirements necessary to complete the program to develop
				professionalism in the commercial oyster industry pursuant to
				R.S.
				56:303.6(D). This program
				shall hereafter be referred to as the Oyster Harvester Training
				Program.
B. Policy. Applicants for
				an oyster harvester license shall complete and receive a certificate for an
				online course within the previous three years, or within the previous year if
				the requirements covered in course material have substantively changed, in
				order to receive the oyster harvester license. The course will provide a
				detailed overview of the Louisiana Shellfish Sanitation Program, Chapter 3 of
				Part IX of Title 51 of the
Louisiana Administrative Code
,
				"Preparation and Handling of Seafood for Market," and cover the legalities and
				best management practices of oyster fishing, including but not limited to,
				licensing and permitting requirements, oyster harvest regulations, reporting
				requirements, responsible fishing, and vessel operation. The applicant will be
				required to view 100 percent of the course content and score a minimum of 80
				percent in order to receive a certificate.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  56:303.6(D).
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 7 - Experimental Fisheries Program › Section VII-701 - Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose. Under
				Louisiana law, only gear which is legally sanctioned may be used in a fishery.
				All other types of gear require permits. These permits may be issued for the
				development of new fisheries, gear designed to harvest underutilized species
				and to persons who are interested in the development of experimental gear. The
				purpose of the permit system is to:
1. allow
				the department to closely supervise all fisheries not sanctioned by statutory
				law which may conflict with established fisheries or which may use gear
				prohibited by statutory law;
2.
				allow the permittee to develop experimental gear for fisheries development,
				while providing information of this activity to the department for scientific
				purposes.
NOTE: The following points delineate criteria used in the
				  issuance of permits.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 7 - Experimental Fisheries Program › Section VII-705 - Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				Wildlife and Fisheries Commission does hereby adopt rules and regulations
				establishing the maximum legal length of nets permissible for use to capture
				pompano and black drum under the permits program at 2,400 feet.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  56:406.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 9 - Aquaculture › Section VII-901 - Triploid Grass Carp (TGC)

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
				Provisions
1. No person, firm, or corporation
				shall at any time possess, sell or cause to be transported into this state,
				triploid grass carp (TGC) (
Ctenopharyngodon idella
), except in
				accordance with and in compliance with this Section.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 9 - Aquaculture › Section VII-903 - Tilapia

Current through Register Vol. 50, No. 6, June 20, 2024
A. Tilapia Permit
				Request Procedures
1. Individuals or
				organizations wishing to import, export, transport, culture, possess, dispose,
				transfer, or sell live tilapia in Louisiana must first obtain a Tilapia Culture
				Permit or Tilapia Live Holding Permit from the Fisheries Permit Manager. The
				following procedures will be necessary.
a.
				Applications for permits may be obtained by contacting the Fisheries Permit
				Manager by emailing fisheriespermits@wlf.la.gov or by mail:
Louisiana Department of Wildlife and Fisheries
Fisheries Permit Manager
P.O. Box 98000
Baton Rouge, LA 70898-9000
b. The completed applications should be
				returned to the same address whereby the Fisheries Permit Manager will review
				the application. Department personnel or a department approved contractor, at
				the applicant's expense, will then make an on-site inspection of the property
				and culture or live holding system.
c. After the on-site inspection has been
				completed, department personnel will make a final determination as to whether
				the applicant is in full compliance with all rules for a Tilapia Culture Permit
				or Tilapia Live Holding Permit. Department personnel will then recommend to the
				secretary or designee if the applicant's request should be approved or
				denied.
d. The Fisheries Permit
				Manager will notify the applicant, in writing, as to whether or not the permit
				has been granted. In the event that the permit is denied, the Fisheries Permit
				Manager shall include written reasons for that determination. Applicants may
				reapply after correcting specified deficiencies noted in the letter of
				denial.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 9 - Aquaculture › Section VII-905 - Domesticated Aquatic Organisms (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  56:327(A)(2) and
				  R.S.
				  56:411.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 9 - Aquaculture › Section VII-907 - Game Fish Fingerling Aquaculture-Rules and Regulations [Formerly LAC 76:VII.159]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A fish
				farmer raising and selling live game fish fingerlings must obtain an annual
				domesticated aquatic organism license issued by the department.
B. Live game fish fingerlings sold from an
				approved fish farm shall be subject to all applicable statutes and rule
				limitations, if any.
C. Fish
				farmers who raise and sell live game fish fingerlings must maintain a record of
				all sales and shipments of such fish, and these records must be readily
				available for inspection by the department.
D. Game fish farmers who transport game fish
				fingerlings for sale must attach a bill of lading to each shipment showing the
				species of fish contained in the shipment, number, the origin of the payload,
				destination of the shipment, the name of the consignee and consignor, and the
				grower's name and domesticated aquatic organism license number.
E. All trucks transporting game fish
				fingerlings for sale must have the words "GAME FISH FARMER" prominently
				displayed with a minimum of 3-inch block letters.
F. Fish farmers holding a domesticated
				aquatic organism license are not granted any fishing privileges greater than
				those stated in Title 56 of the
Louisiana Revised Statutes
and
				must abide by all statutes pertaining to domestic fish farming.
G. The department shall have the authority to
				cancel sales or to confiscate and destroy shipments of game fish fingerlings
				that are determined by department personnel to have fish diseases or parasites
				that would endanger native fish populations. Game fish farmers must allow
				department personnel or a department approved contractor to conduct unannounced
				random inspections of the transport vehicle. Those individuals may remove or
				take fish samples for analysis and/or inspection.
H. Genetic purity shall be maintained and
				game fish fingerlings produced shall not be genetically manipulated or altered
				in any way without prior approval of the department, except for hybrid crosses
				within the genera of
Lepomis
,
Pomoxis
,
Micropterus
, or
Morone
, or fish produced with
				polyploid chromosomes.
I. The
				secretary may revoke any or all licenses issued for the raising and selling of
				game fish fingerlings if the licensee fails to adhere to any of the above
				regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  56:327 (A)(2),
				  R.S.
				  56:411, and
				  R.S.
				  56:412.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 9 - Aquaculture › Section VII-911 - Shovelnose Sturgeon

Current through Register Vol. 50, No. 6, June 20, 2024
A. Shovelnose
				Sturgeon Permit Request Procedures
1.
				Individuals or organizations wishing to import, export, transport, culture,
				dispose of, or transfer live Shovelnose Sturgeon in Louisiana must first
				request a Shovelnose Sturgeon permit from the secretary or designee of the
				department. A separate permit will be required for each facility or location.
				The following procedures will be necessary.
a. Applications for permits may be obtained
				by contacting the Fisheries Permit Manager via email
				fisheriespermits@wlf.la.gov or by mail:
Louisiana Department of Wildlife and Fisheries
Fisheries Permit Manager
P.O. Box 98000
Baton Rouge, LA 70898-9000
b. The completed applications should be
				returned to the same address whereby Fisheries Division personnel will review
				the application. Department personnel or a department approved contractor, at
				the applicant's expense, will then make an on-site inspection of the property
				and culture system.
c. After the
				on-site inspection has been completed, department personnel will make a final
				determination as to whether the applicant is in full compliance with all rules
				pertaining to a Shovelnose Sturgeon permit. Department personnel will then
				recommend to the secretary or designee if the applicant's request should be
				approved or denied.
d. The
				Fisheries Permit Manager will notify the applicant, in writing, as to whether
				or not the permit has been granted. In the event that the permit is denied, the
				Fisheries Permit Manager shall include written reasons for that determination,
				and that applicant may reapply after correcting specified deficiencies noted in
				letter of denial. Applicants may reapply after correcting specified
				deficiencies noted in the letter of denial.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 9 - Aquaculture › Section VII-913 - Coldwater Trout

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				coldwater trout species have been approved for commercial culture in Louisiana.
				Any questions on a species should be directed to the fisheries permit manager:
1. brown trout
(Salmo
				trutta
);
2. rainbow trout
				(
Oncorhynchus
mykiss).
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 9 - Aquaculture › Section VII-915 - Aquarium Livestock

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				following species or groups of species have been approved for commercial
				culture in Louisiana. Any questions on whether a species fits into the
				categories below should be directed to the Fisheries Permit Manager.
1. "Bristlenose Catfish":
Ancitrus
				sp.
2. African Rift Lake
				Cichlids from the Cichlidae family, tribe Haplochromini
3. Fancy Guppy (Poecilia
				reticulata)
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 9 - Aquaculture › Section VII-919 - Freshwater Prawns

Current through Register Vol. 50, No. 6, June 20, 2024
A. Freshwater
				Prawn Permit Request Procedures
1. Individuals
				or organizations wishing to import, export, transport, culture, dispose, or
				transfer live freshwater prawns for aquaculture in Louisiana must first request
				a Freshwater Prawn Permit from LDWF Fisheries Permit Manager. A separate permit
				will be required for each facility or location.
2. Applications for permits may be obtained
				by contacting the Fisheries Permit Manager via emailing
				fisheriespermits@wlf.la.gov or by mail:
Louisiana Department of Wildlife and Fisheries
Fisheries Permit Manager
P.O. Box 98000
Baton Rouge, LA 70898-9000
3. The completed application must be returned
				to the same address whereby the Fisheries Permit Manager will review the
				application. Department personnel or a department approved contractor will then
				make an on-site inspection of the property and culture system.
4. After the on-site inspection has been
				completed, the Fisheries Permit Manager will make a final determination as to
				whether the applicant is in full compliance with all rules pursuant to the
				Freshwater Prawn Permit. The Fisheries Permit Manager will then make a
				recommendation of approval or denial of the applicant's request to the
				secretary or designee.
5. The
				Fisheries Permit Manager will notify the applicant, in writing, as to whether
				or not the permit has been granted. In the event that the permit is denied, the
				Fisheries Permit Manager shall include written reasons for that determination.
				Applicant may reapply after correcting specified deficiencies noted in letter
				of denial.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 9 - Aquaculture › Section VII-921 - Molluscan Shellfish

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				following molluscan shellfish species have been approved for commercial culture
				in Louisiana. Any questions on a species should be directed to the Fisheries
				permit manager:
1. eastern oysters
				(
Crassostrea virginica
).
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part VII - Fish and Other Aquatic Life › Chapter 11 - Invasive Noxious Aquatic Plants › Section VII-1101 - Invasive Noxious Aquatic Plants

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions. The following words and
				phrases for purposes of these regulations shall have the meaning ascribed to
				them in this Section, unless the context wherein the particular word or phrase
				is used clearly indicates a different meaning.
Department
-the Louisiana Department of
				  Wildlife and Fisheries or an authorized employee of the Department.
Invasive Noxious Aquatic Plant Permit-
the
				  official document that identifies the terms of and allows for the importation,
				  transportation or possession of any of the listed prohibited aquatic
				  plants.
Listed Plant-
any of the listed invasive
				  noxious aquatic plants.
Permittee-
person or organization that
				  possesses a valid permit to possess, import or transport invasive noxious
				  aquatic plants. A permittee may represent himself, a business, corporation or
				  organization. The permittee is responsible for compliance with all stipulations
				  in the permit.
Secretary-
the Secretary of the Louisiana
				  Department of Wildlife and Fisheries.
B. Importation and Transportation of Invasive
				Noxious Aquatic Plants; Permit Required
1. No
				person shall at any time import or cause to be transported into the
				jurisdiction of the state of Louisiana, from any other state or country any of
				the invasive noxious aquatic plants identified below, without first obtaining
				an Invasive Noxious Aquatic Plant permit from the department and complying with
				all rules, regulations, and conditions associated therein. Prohibited invasive
				noxious aquatic plants:
a.
Aeschynomene fluitans
(giant sensitive fern);
b.
Casuarina spp.
(Australian pine);
c.
Egeria densa
(Brazilian elodea);
d.
Eichhornia azurea
(rooting water hyacinth);
e.
Elodea canadensis
(elodea);
f.
Hydrilla verticillata
(hydrilla);
g.
Hygrophila
				polysperma
(Indian swampweed);
h.
Ipomoea aquatica
(water
				spinach);
i.
Lagarosiphon
				major and Lagarosiphon muscoides
(African elodea);
j.
Landoltia punctata
(giant
				duckweed);
k.
Limnophila
				sessiliflora
(Asian marshweed);
l.
Lythrum salicaria
(purple
				loosestrife);
m.
Marsilea
				minuta and Marsilea mutica
(water clovers);
n.
Melaleuca quinquenervia
(kapok tree);
o.
Monochoria
				hastata and Monochoria vaginalis
(false pickerelweeds);
p.
Myriophyllum spicatum
(Eurasian watermilfoil);
q.
Najas marina
(marine naiad) and
Naja minor
(slender naiad);
r.
Nymphoides cristata, Nymphoides indica, and Nymphoides peltata
(little floating hearts);
s.
Ottelia alismoides
(duck lettuce);
t.
Panicum repens
(torpedograss);
u.
Pistia
				stratiotes
(water lettuce);
v.
Rotala rotundifolia
(roundleaf toothcup);
w.
Salvinia spp.
(salvinia);
x.
Trapa natans
(water
				chestnut);
y.
Solanum
				tampicense
(aquatic soda apple);
z.
Urochloa mutica
(paragrass).
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part IX - Natural and Scenic River Systems › Chapter 1 - Administration of the Natural and Scenic Rivers and Historic and Scenic Rivers › Section IX-101 - Authority and Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				regulations are adopted pursuant to the authority of the "Louisiana Scenic
				Rivers Act," Acts 1988, No. 947, Section 1, effective July 27, 1988, or
				R.S.
				56:1840 et seq.
B. The purpose of these regulations is to
				establish procedures and provide a mechanism whereby the Department of Wildlife
				and Fisheries can preserve, protect, develop, reclaim and enhance the
				wilderness qualities, scenic beauties and ecological regime of rivers and
				streams or segments thereof included within the Louisiana Natural and Scenic
				Rivers and Historic and Scenic Rivers System and for the further purposes of
				preserving aesthetic, scenic, recreational, fish, wildlife, ecological,
				archaeological, geological, botanical and other natural and physical features
				and resources found along these rivers and streams or segments
				thereof.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  56:1841(B).
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part IX - Natural and Scenic River Systems › Chapter 1 - Administration of the Natural and Scenic Rivers and Historic and Scenic Rivers › Section IX-105 - Applicability of These Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				These regulations shall apply to all uses proposed to be undertaken on the
				stream or on adjacent lands within 100 feet of a designated system stream by
				any "person" whether or not concurrence, authorization, or matching funding is
				provided by any state agency, local governing authority, political subdivision,
				or special district of the State of Louisiana, unless restriction of those uses
				are exempted from regulations pursuant to the provisions of
				R.S.
				56:1852(B). These
				regulations shall further apply to all activities more than 100 feet from
				designated system streams that have potential to significantly impact the
				ecological integrity of a system stream.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  56:1850 and
				  56:1852(B).
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part IX - Natural and Scenic River Systems › Chapter 1 - Administration of the Natural and Scenic Rivers and Historic and Scenic Rivers › Section IX-107 - Duties and Powers of the Administrator

Current through Register Vol. 50, No. 6, June 20, 2024
A. The administrator may delegate powers and
				duties to individuals within the Department of Wildlife and Fisheries for the
				implementation of these regulations and procedures and to ensure compliance
				with the act. The administrator shall provide said individuals with sufficient
				technical and clerical assistance to accomplish this purpose.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  56:1843.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part IX - Natural and Scenic River Systems › Chapter 1 - Administration of the Natural and Scenic Rivers and Historic and Scenic Rivers › Section IX-109 - Study and Recommendation of Natural and Scenic Rivers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Study and Report to the Legislature. Upon
				nomination for inclusion or declassification of a river by the legislature
				through passage of a concurrent resolution, the administrator shall study, file
				a report, and issue a recommendation, to the natural resource committees of the
				legislature regarding any river nominated for inclusion in or declassification
				from the system. The administrator's recommendation shall be made no sooner
				than eight months and no later than 12 months from the date of nomination for
				inclusion and no later than 120 days from the date of nomination for
				declassification. All recommendations shall use evaluation procedures provided
				for in these regulations.
B.
				Criteria for Study and Recommendation. In undertaking the study and making the
				recommendation, the administrator shall consider, but will not be limited to,
				the following criteria:
1. whether the river
				is free flowing;
2. whether the
				river has been channelized, cleared or snagged, realigned, inundated, or
				otherwise altered, within the past 25 years;
3. whether the river has a shoreline covered
				by native vegetation;
4. whether
				the river has no or few man-made structures along its banks;
5. whether the scene as viewed from the river
				is pleasing (i.e., primitive or rural-pastoral) or these conditions are
				restorable;
6. whether the river
				and its setting possess natural and recreational values of outstanding
				quality;
7. whether the river and
				its setting are large enough to sustain substantial recreational use and to
				accommodate existing uses without undue impairment of the natural values of the
				resource or quality of the recreational experience;
8. whether the river will provide present and
				future benefits to Louisiana citizens through preserving, protecting, and
				enhancing its wilderness qualities, scenic beauties, and ecological regimes and
				its aesthetic, scenic, recreational, fish, wildlife, ecological, geological,
				botanical, and other natural and physical features and resources found along
				the river and adjacent lands;
9.
				whether the river receives any point source discharges that would tend to cause
				pollution;
10. existing uses of
				adjacent lands within 100 feet of the ordinary low water line of the river, and
				the economic impact of such usages;
11. state ownership of the bed of the river;
				and
12. appropriate longitudinal
				boundaries for the river segment to be included within the system.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part IX - Natural and Scenic River Systems › Chapter 1 - Administration of the Natural and Scenic Rivers and Historic and Scenic Rivers › Section IX-111 - Management Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. Period for Plan
				Development. Within one year from the time a river is designated as a Natural
				and Scenic River or a Historic and Scenic River by the legislature the
				administrator shall adopt and commence development of a management plan for
				each river or designated segment. For rivers designated prior to January 1,
				1989 development of management plans will commence no later than January 1,
				1990.
B. Consultation. The plans
				shall be developed by the administrator in consultation with the:
1. Louisiana State Planning Office;
2. Department of Environmental
				Quality;
3. Department of Culture,
				Recreation and Tourism;
4.
				Department of Agriculture and Forestry; and
5. any other agency that the administrator
				determines may have an interest in the plan.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part IX - Natural and Scenic River Systems › Chapter 1 - Administration of the Natural and Scenic Rivers and Historic and Scenic Rivers › Section IX-113 - Planning Considerations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Revised Statute 56:1848 specifies responsibility of local, state, and federal
				agencies.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  56:1848.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part IX - Natural and Scenic River Systems › Chapter 1 - Administration of the Natural and Scenic Rivers and Historic and Scenic Rivers › Section IX-115 - Prohibited Activities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				following uses of a system river, and all uses functionally related thereto,
				shall be absolutely prohibited:
1.
				channelization;
2. clearing and
				snagging;
3. channel
				realignment;
4. reservoir
				construction;
5. commercial cutting
				or harvesting of trees or timber in violation of the provisions of
				R.S.
				56:1854;
6. use of a motor vehicle or other wheeled or
				tracked vehicle on a designated system stream, except for permitted uses, and
				direct crossings by immediately adjacent landowners, lessees, or other persons
				who have written permission from the landowner to access adjoining tracts of
				land, for noncommercial activities in a manner that does not directly and
				significantly degrade the ecological integrity of the stream. Written
				permission must be in the person's possession and include the landowner's
				contact information; and
7. any use
				requiring a permit where a permit has not been obtained.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part IX - Natural and Scenic River Systems › Chapter 1 - Administration of the Natural and Scenic Rivers and Historic and Scenic Rivers › Section IX-117 - Permitted Activities

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				activities that may detrimentally affect or significantly degrade the
				wilderness quality, aesthetic values, or the ecological integrity of a system
				river shall be subject to a permit except:
1.
				those prohibited uses set forth in
				§115 of these regulations;
2. normal activities of private landowners
				within the boundaries of their property as provided by
				R.S.
				56:1852(B); and
3. harvesting of trees in accordance with
				R.S.
				56:1854, provided that prior notification of
				any commercial harvesting of trees shall be given to the Louisiana Office of
				Forestry.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part IX - Natural and Scenic River Systems › Chapter 1 - Administration of the Natural and Scenic Rivers and Historic and Scenic Rivers › Section IX-119 - Civil Penalties and Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
				any violation of the provisions of
				§117. A and B, or any
				permit condition the administrator, in accordance with
				R.S.
				49:950 et seq. (Administrative Procedure Act)
				may:
1. impose a civil penalty of up to $1,000
				for each violation;
2. suspend,
				annul, withdraw, or revoke any permit;
3. institute civil proceedings to enforce
				department rulings in the district court for the parish in which the violation
				occurs; and
4. issue cease and
				desist orders, compliance orders, and obtain injunctions or other appropriate
				relief upon determining that a violation of these regulations has occurred, is
				about to occur, or is occurring.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part IX - Natural and Scenic River Systems › Chapter 1 - Administration of the Natural and Scenic Rivers and Historic and Scenic Rivers › Section IX-121 - Criminal Penalties and Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Criminal penalties shall be assessed in
				accordance with
				R.S.
				56:1851.C.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  56:1851.C.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part IX - Natural and Scenic River Systems › Chapter 1 - Administration of the Natural and Scenic Rivers and Historic and Scenic Rivers › Section IX-123 - Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person shall
				have the right to file a complaint with the administrator alleging a violation
				of the act or regulations. When, from the complaint, it appears to the
				administrator that there is reasonable cause to believe that a violation has
				occurred, is about to occur, or is occurring, the administrator shall conduct
				an investigation. If the investigation indicates that a violation has occurred,
				is about to occur, or is occurring, the administrator shall initiate an
				enforcement action pursuant to
				§119 or shall refer the matter to the
				attorney general or appropriate district attorney for an enforcement action
				pursuant to the statutes referenced in
				§121 The administrator shall respond to
				the complainant in an appropriate manner.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  56:1841 and
				  56:1843.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part IX - Natural and Scenic River Systems › Chapter 1 - Administration of the Natural and Scenic Rivers and Historic and Scenic Rivers › Section IX-125 - Grants, Donations and Servitudes

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				R.S.
				56:1843(2) and
				R.S.
				56:1844 the administrator may accept
				donations and grants for the purposes of administering the Scenic River System
				from public and private sources. The donations shall be deposited immediately
				upon receipt into the state treasury to be credited to the Scenic River Fund.
				Further, pursuant to
				R.S.
				56:1843(7), the
				administrator may enter into scenic and surface servitude agreements with
				landowners for the purposes of the Scenic River Act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  56:1843(2), 56:1843(7) and
				  56:1844.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part IX - Natural and Scenic River Systems › Chapter 1 - Administration of the Natural and Scenic Rivers and Historic and Scenic Rivers › Section IX-127 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any provision
				of these regulations is held invalid, such invalidity shall not affect the
				other provisions of these regulations which can be given effect without the
				invalid provisions, and to this end the provisions of these regulations are
				here declared severable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  56:1850.
Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part XI - Boating › Chapter 1 - Vessel Equipment; Requirements; Penalties › Section XI-101 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. This rule was adopted by the Wildlife and
				Fisheries Commission at its regular meeting held in Baton Rouge, Louisiana,
				July 3, 1985.
2. The Wildlife and
				Fisheries Commission as per
				R.S.
				34:851.24 F shall prescribe the regulations
				pertaining to personal flotation devices to be used for each person on board
				every motorboat or vessel used upon all navigable waterways of the
				state.
3. As per
				R.S.
				34:851.24(G) the Wildlife
				and Fisheries Commission shall prescribe the regulations pertaining to the
				number, size and type of fire extinguishers to be carried by each motorboat and
				vessel operating upon all navigable waterways of the state.
4. Additionally the Wildlife and Fisheries
				Commission shall prescribe proper standards for flame arrestors through
				R.S.
				34:851.24(H) and for
				ventilation requirements for boats of closed construction through
				R.S.
				34:851.24(I) on motorboats
				operating upon the waters of this state.
5. The Wildlife and Fisheries Commission does
				hereby adopt the federal regulations for personal flotation devices, fire
				extinguishers, flame arrestors and ventilation as follows.
6. The following rules and regulations have
				been adopted by the Wildlife and Fisheries Commission pursuant to
				R.S.
				34:851.24 F(1), 851.24(G), 851.24(H) and
				851.24I.