Statutes, codes, and regulations
Louisiana Administrative Code
Title 76 - WILDLIFE AND FISHERIESPart III - Game and Fish Preserves and Sanctuaries
Chapter 1 - Responsibilities, Duties and Regulations
Section III-103 - Mineral Operations on the State Wildlife Refuge

La. Admin. Code tit. 76 § III-103

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Current through Register Vol. 50, No. 9, September 20, 2024
Section III-103 - Mineral Operations on the State Wildlife Refuge
A. The Department of Wildlife and Fisheries has adopted, via resolution of the Wildlife and Fisheries Commission, the following rules and regulations governing mineral operations on the State Wildlife Refuge.
1. No oil, oily fluids, drilling muds, oil field brine, or other pollutants shall be permitted to be discharged into any canals or marshes from any installation, barge, watercraft, or other fixtures. Any discharge of such fluids shall be directed into disposal wells unless otherwise permitted by the Department of Wildlife and Fisheries and the Department of Natural Resources.
2. Tank batteries shall be constructed on all lands to conform with rules and regulations of the Department of Natural Resources and Department of Wildlife and Fisheries, particularly with reference to construction and maintenance of leveed fire walls. Inspection reports on the condition of pipes and pipeline carriers shall be prepared and submitted to the Department of Wildlife and Fisheries and Department of Natural Resources twice annually. All pipelines must be buried at least 3 feet deep in push ditches that must be back filled upon installation.
3. All rules and regulations of Louisiana Stream Control Commission shall be strictly observed by the lessee.
4. Flares may be burned only during daylight hours unless shown to be absolutely necessary at night. All flares shall be burned into a pit. Flares will be burned only with the permission of the Department of Natural Resources and under the supervision of the Department of Wildlife and Fisheries and the Department of Natural Resources.
5. Any damages incurred by lessee, by his operations, to levees, water control structures, bulkheads and other facilities owned and operated by the Department of Wildlife and Fisheries shall be restored to original condition by lessee.
6. Access to or on the leased premises for drilling and production operations shall be by marine equipment in Lake Fearman, Portage Lake and Bayou Fearman and elsewhere on the refuge by road. The dredging of canals through the marshes is prohibited. Access construction plans will be approved by the Department of Wildlife and Fisheries in advance of beginning operations.
7. All road beds shall be constructed from staggered borrow pits. These shall be evenly alternated on each side of the road bed and each individual pit shall not exceed 300 feet in length and 40 feet in width. A minimum of 15 feet of berm shall be maintained between the road bed and edge of borrow pit. Drainage and water control will be provided for by means of asbestos bonded culverts with drop gates under all roadbeds unless otherwise directed by the Department of Wildlife and Fisheries and the Department of Natural Resources. Navigable canals and waterways shall not be blocked on the refuge. All road and canal construction plans must first be approved by the Department of Wildlife and Fisheries and the Department of Natural Resources before construction begins.
8. In order to prevent excessive access construction in the preserve, lessee agrees that if the Department of Wildlife and Fisheries and the Department of Natural Resources determine that an access route shall be used by a third party lessee then said route shall be used jointly upon the payment of a fair and proportionate share of the cost and maintenance by the third party lessee.
9. Should lessee commit any act which shall be complained of as a violation of the act of donation for the State Wildlife Refuge or its transferee or assignee, said lessee shall immediately correct said violation upon being notified.
10. Bank erosion control shall be provided for in using any existing canals. No existing canals shall be used without prior approval of Department of Wildlife and Fisheries.
11. No telephone, telegraph or powerlines shall be constructed above marsh level without prior approval of the Department of Wildlife and Fisheries and the Department of Natural Resources. All development sites will be kept clean and free of debris or litter. Abandoned well sites will be restored to original condition.
12. Lessee shall comply with all rules and regulations of the Department of Wildlife and Fisheries and Department of Natural Resources for the protection of game and wildlife, and particularly no hunting, fishing or any other activity harmful to wildlife shall be permitted on any part of the leased land or any other part of the refuge.
13. All requirements and conditions contained in the deed by which the said game preserve area was donated to the state of Louisiana, shall be fully and strictly complied with.
14. Unless approval is first obtained from the Department of Wildlife and Fisheries, no tank batteries, rigging or other permanent structure shall be installed within 2,000 feet of the main headquarters or within a distance that may prove damaging to any of the wood, concrete or steel water control structures on the area.
15. The willful or continued violation of any of the aforesaid regulations shall constitute cause for revocation of the lease.
16. All development not otherwise specified above shall be subject to approval of Department of Wildlife and Fisheries and the Department of Natural Resources.

La. Admin. Code tit. 76, § III-103

Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 3:297 (June 1977).
AUTHORITY NOTE: Promulgated in accordance with R.S. 56:5 and R.S. 56:799.