La. Admin. Code tit. 49 § I-1246

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-1246 - Depuration-Harvesting Permit [Formerly 49:6.140]

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.

La. Admin. Code tit. 49, § I-1246

Promulgated by the Department of Health and Human Resources, Office of Preventive and Public Health Services, LR 11:550 (May 1985), amended by the Department of Health and Hospitals, Office of Public Health LR16:414 (May 1990), amended LR 20:547 (May 1994), repromulgated LR 20:885 (August 1994).

AUTHORITY NOTE: Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as amended.