La. Admin. Code tit. 51 § IX-341

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

Section IX-341 - Permits [formerly paragraph 9:053-2]

A. Permits shall be granted at the discretion of the Department of Health and Hospitals with the following restrictions.

1. No permittee, boat captain or crew member may serve on any vessels subject to this permit who has been cited or found guilty of violations relative to the harvesting of shellfish from closed areas within three years of the application date; provided, however that said permittee, crew member or boat 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. Sacking of shellfish and storage of empty shellfish sacks on board permitted or authorized vessel utilized in the checking of shellfish shall be strictly prohibited. No more than one bushel of shellfish may be on board an authorized vessel at any given time.

3. Culling of shellfish shall be strictly prohibited.

4. Only five leases in the closed growing waters shall be utilized in the checking of shellfish.

5. The permittee shall be responsible for notifying the Department of Wildlife and Fisheries prior to leaving port to check shellfish under permitted conditions and immediately upon returning from permitted trip. The department shall be notified by calling (800) 442-2511.

6. All activities relative to the checking of shellfish in closed growing waters shall be permitted only during daylight hours with all activities completed no later than 30 minutes after official sunset.

7. Only one vessel may be utilized and both side of the permitted vessel shall be marked with the permit number in at least 6-inch high letters on a contrasting background so as to be visible from a low flying aircraft or from any vessel in the immediate vicinity.

8. A copy of the shellfish checking permit and applicable rules shall be on board the authorized vessel at all times on the active day of permit.

La. Admin. Code tit. 51, § IX-341

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1310 (June 2002).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:4.A.(1) and R.S. 40:5.3.