La. Admin. Code tit. 76 § VII-900

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

Section VII-900 - Domesticated Aquatic Organisms (DAO)

A. Definitions

Aquarium Livestock-all animals that are primarily raised for ornamental use in aquariums. The list of approved aquarium livestock species can be found in LAC 76:VII.915.A

Aquarium Livestock Permit-the official document required for the culture of freshwater prawns, and allows for the importation, exportation, transport, culture, possession, disposal, transfer and sale of freshwater prawns in Louisiana as approved by the secretary or designee.

Broodstock-reproductively mature adults held for specific purpose of providing offspring (gametes, larvae, set spat, or later life history stages).

Coldwater Trout-adult fish, juvenile fish, fingerlings, fry and eggs belonging to the species listed in LAC 76:VII.913.A.

Coldwater Trout Permit-the official document required for the culture, importation, exportation, transport, culture, possession, disposal, transfer and sale of coldwater trout in Louisiana, as approved by the secretary or designee.

Culture-all activities associated with the rearing, nurturing, or growing of approved DAO species and life stages.

Culture System-an approved system designed such that all water containing, or that at any time might contain, DAO species and life stages, is filtered, screened and/or sterilized in such a manner as the department deems adequate to prevent any possibility of escape from the system.

Department-the Louisiana Department of Wildlife and Fisheries (LDWF) or an authorized employee of the department.

Disposal-processing, selling, or purposely removing DAO species from the culture system using departmental approved techniques for each DAO species.

Domesticated Aquatic Organisms (DAO)-all aquaculturally raised species which includes freshwater gamefish, all species of saltwater fish, all endangered or threatened species as well as all nonnative fish as defined by R.S. 56:8 and R.S. 56:411.

Fisheries Permit Manager-Biologist or other staff assigned the duties to manage and issue fisheries related permits.

Freshwater Prawn-any life stages of the shrimp of the species Marcobrachium rosenbergii.

Freshwater Prawn Permit-the official document required for the culture of freshwater prawns, and allows for the importation, exportation, transport, culture, possession, disposal, transfer and sale of freshwater prawns in Louisiana as approved by the secretary or designee.

Live Holding System-an approved indoor temporary holding or display system that at any time may contain DAO species (adult fish, juvenile fish, fry or fish eggs) designed such that all water is filtered, screened and/or sterilized prior to release in such manner as the department deems adequate to prevent any possibility of escape.

Molluscan Shellfish Aquaculture-the land-based process of using approved broodstock to produce any life stage of molluscan shellfish.

Molluscan Shellfish Aquaculture Permit-the permit needed to rear or import and transport for the purpose of rearing molluscan shellfish such as eastern oysters (Crassostrea virginica).

Permittee-individual that possesses any type of valid Louisiana permit under this Chapter. A permittee can only be a natural person. A permittee may represent himself, a business, corporation or organization. The permittee is responsible for compliance with all stipulations in the permit.

Rainbow Trout-adult fish, juvenile fish, fingerlings, fry and eggs belonging to the species Oncorhynchus mykiss.

Rainbow Trout Permit-the official document required for the culture, importation, exportation, transport, culture, possession, disposal, transfer and sale of Rainbow Trout in Louisiana, as approved by the secretary or designee.

Secretary-the Secretary of the Department of Wildlife and Fisheries.

Shovelnose Sturgeon-pure strain of genetically unaltered fish (adult fish, juvenile fish, fingerlings, fry, and eggs), belonging to the species Scaphirhynchus platorynchus.

Shovelnose Sturgeon Permit-the official document required for the culture, importation, exportation, transport, culture, possession, disposal, transfer, and sale of shovelnose sturgeon in Louisiana, as approved by the secretary or designee.

Species Certification-positive species, hybrid, subspecies and/or variation type identification using of department approved procedures.

Species Specific Culture Permits-permits that are required for any species which have restricted methods of culture.

Tilapia-adult fish, juvenile fish, fingerlings, fry and eggs or body parts belonging to the genera Tilapia, Sarotherdon, or Oreochromis and their hybrids.

Tilapia Culture Permit-the official document required for the importation, exportation, transport, culture, possession, disposal, transfer and sale of tilapia in Louisiana, as approved by the secretary or designee.

Tilapia Live Holding Permit-the official document required for the live holding of tilapia for retail sale and allows for the import, live holding, and sale of tilapia in Louisiana, as approved by the secretary or designee.

Triploid Grass Carp (TGC)-refers to

Ctenopharyngodon idella fingerlings and larger individuals that are certified as triploid carp (3N chromosomes) by the U.S. Fish and Wildlife Service or a qualified agent or contractor approved by the department.

Triploid Grass Carp Possession and Transportation Permit-the official document required for the importation, transportation, and possession of live triploid grass carp (TGC) in Louisiana for use in privately owned waterbodies, as approved by the secretary or designee.

Triploid Grass Carp Sales Permit the official document required for the importation, transportation, possession, and sale of live triploid grass carp (TGC) in Louisiana, as approved by the secretary or designee.

Triploid Grass Carp Seller-a properly licensed fish farmer who possesses a triploid grass carp (TGC) Sales Permit.

B. Procedures for nominating a new species to the approved list of DAO.

1. An application to consider a new aquatic species shall be submitted in writing to the Louisiana Department of Wildlife and Fisheries, 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

2. The application shall include the following information:

a. American Fisheries Society approved species and common name(s);

b. intended use or uses;

c. biology, including environmental tolerances, diseases, life history, and associated references;

d. potential sources of broodstock;

e. proposed restrictions for the culture of the proposed species.

3. Within 30 days of receipt of the completed application, the Fisheries Permit Manager shall convene a technical committee to review the species. The technical committee will consist of a minimum of four members. Those members must consist of at least one Department Biologist from the appropriate Fisheries Division, an Enforcement Division representative as well as at least one committee member not employed by department which may be, but not limited to, a representative from academia or a federal agency representative. The department may nominate a DAO species or amend the list by convening a review panel to review species of interest.

4. The technical committee, by way of the Fisheries Permit Manager, may ask the applicant to provide additional information.

5. The technical committee will be responsible for evaluating all relevant information regarding the species. The committee will consider approving a new aquatic species by evaluating the potential negative risks the new species might pose on native species, habitat, and human health. The committee will also consider mitigation measures that reduce risk. The committee's findings will be summarized by the Fisheries Permit Manager and a recommendation made to the Assistant Secretary, Office of Fisheries to either deny the applicant's request or approve the request with or without mitigating requirements.

6. The assistant secretary shall determine whether to recommend to the secretary to approve the application for the addition of the proposed species to the DAO list, along with any restrictions or mitigating requirements. If approved by the secretary, a formal request will be made to the Wildlife and Fisheries Commission in the form of a Notice of Intent.

C. Except for the species of fish specifically prohibited in La. R.S. 56:319.A, the provisions of this Section shall not apply to activities consistent with noncommercial personal aquarium ownership and commercial retail facilities that do not breed or propagate fish.

D. The following species are approved for commercial sale and transport for aquaculture or mariculture:

1. shadow bass (Ambloplites ariommus) not exceeding a maximum total length of 6 inches;

2. white bass (Morone chrysops) not exceeding a maximum total length of 6 inches;

3. yellow bass (Morone mississippiensis) not exceeding a maximum total length of 6 inches;

4. crappie (Pomoxis spp.) not exceeding a maximum total length of 6 inches;

5. bream (Lepomis spp.) not exceeding a maximum total length of 6 inches;

6. spotted bass (Micropterus punctulatus) of any size;

7. striped bass (Morone saxatilis) of any size;

8. largemouth bass (Micropterus salmoides) of any size;

9. hybrid striped bass (Morone saxatilis x Morone chrysops) or (Morone saxatilis x Morone mississippiensis) of any size;

10. coppernose bluegill (Lepomis macrochirus purpurescens) not exceeding a maximum total length of 6 inches;

11. hybrid bream limited to a bluegill (Lepomis macrochirus) and green sunfish (L. cyanellus) cross or a redear sunfish (L. microlophus) and bluegill (L. macrochirus) cross not exceeding a maximum total length of 6 inches;

12. common carp (Cyprinus carpio) and koi (Cyprinus rubrofuscus) and goldfish (Carassius auratus)

13. red drum (Sciaenops ocellatus);

14. triploid grass carp (Ctenopharyngodon idella); LAC 76:VII.901;

15. tilapia (Oreochromis aurea, O. niloticus, O. mossambicus and O. urolepis hornorum); LAC 76:VII.903;

16. shovelnose sturgeon (Scaphirhychus platorynchus); LAC 76:VII.911;

17. coldwater trout: a list of approved species can be found in LAC 76:VII.913;

18. aquarium livestock: A list of approved species can be found in LAC 76:VII.915;

19. cocohoe minnows (Fundulus grandis);

20. freshwater prawn (Marcobrachium rosenbergii); LAC 76:VII.919

21. molluscan shellfish: a list of approved species can be found in LAC 76:VII.921.

E. The Domesticated Aquatic Organism License shall cost $25 for residents and $500 for nonresidents. All holders of species-specific culture permits must have a valid domesticated aquatic organism license.

La. Admin. Code tit. 76, § VII-900

Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 471335 (9/1/2021), Amended LR 48510 (3/1/2022), Amended LR 482607 (10/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:327 (A)(2) and R.S. 56:411.