La. Admin. Code tit. 76 § VII-901

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

Section VII-901 - Triploid Grass Carp (TGC)

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.

B. Triploid Grass Carp (TGC) Possession and Transport Permit

1. General Rules for TGC Possession and Transportation Permit

a. No person shall stock private waterbodies in the state of Louisiana without a TGC Possession and Transport Permit.

b. No person shall import, transport and/or purchase TGC to be brought into the state unless such fish are certified as TGC by the U.S. Fish and Wildlife Service or a qualified agent or contractor approved by the department.

c. No person shall import, transport or possess fingerlings less than six inches in total length, eggs, or fry within the state.

d. Permits are not transferable from person to person or from site location to site location.

e. Permittee shall provide an adequate number of TGC to the department, at no cost to the department, upon request, to verify ploidy. The permittee shall agree to allow department officials or a department approved contractor to conduct unannounced random inspections of the transport vehicle, property, waterbody site, and fish.

f. Department officials may be accompanied by other persons during these inspections. The department or its agents have the right to remove or take fish samples for analysis and/or inspection.

g. Permittee is responsible for criminal penalties or civil damages caused by any escapement.

h. In cases of mortality or unavoidable loss, restocking will be permitted as long as permit is still valid.

i. If a permittee terminates the use of TGC in the permitted waterbody, the permittee shall notify the department immediately and dispose of the TGC according to methods approved by the department.

j. In addition to all other legal remedies, failure to comply with any of the provisions in this Section shall be just cause to immediately suspend and/or revoke the permittee's permit. All TGC shall be destroyed at permittee's expense under the department's supervision within 30 days of permit revocation. Violation of any of the provisions of the permit constitutes a Class Four violation in accordance with R.S. 56:319.E

k. Any permittee charged with violation of this Section may make a written response to the alleged violation(s) to the secretary, and may request a hearing to review the alleged violation(s).

l. Universities and public entities conducting research approved by or in conjunction with the department shall be exempt from fee charges.

2. Application Procedure for a TGC Possession and Transport Permit

a. Individuals wishing to import or possess live TGC in Louisiana, but not sell them, must apply for a TGC Possession and Transport Permit from the department for a fee of $50. TGC Possession and Transport Permittees do not need to possess a Domesticated Aquatic Organism License.

b. The TGC Possession and Transport Permit shall be valid for one year from date of purchase.

c. Permittees may stock up to the recommended 10 fish per acre of water. Request to stock more than 500 fish must be approved by the department through site visitations by a department representative. Fisheries staff of the Louisiana Cooperative Extension Service or other qualified fisheries professional(s) approved by the department may be used as a substitution for departmental site visit.

3. Requirements for transporting and stocking of TGC in private water bodies.

a. Permittee must have in his immediate possession and available upon demand by department representatives, a TGC Possession and Transportation Permit when importing, transporting and/or purchasing live TGC within the state.

b. A bill of lading must accompany those individuals in possession of live TGC during transportation and shall include:

i. source of TGC (hatchery);

ii. name, address, and phone number of seller;

iii. name, address, and phone number of buyer;

iv. copy of triploid certification;

v. total number of fish;

vi. destination of shipment.

c. No person shall stock private waters without a valid TGC Possession and Transportation Permit.

d. Permittee is responsible for containing TGC in his private waterbody.

e. This permit does not authorize the permittee to stock TGC in public waterbodies of the state. Release of any fish into the waters of the state is strictly prohibited, except as provided in Subsection D.

C. TGC Sales Permit

1. Request Procedure for a TGC Sales Permit

a. Individuals wishing to sell live TGC in the state must first obtain a TGC Sales Permit through an application furnished by the department.

b. The TGC Sales Permit shall be valid for one year beginning January 1 and ending December 31 of that same calendar year. The permit may be purchased at any time during the year for the current permit year and beginning November 15 for the immediately following permit year. The cost of a TGC Sales Permit is $100.

c. An annual report detailing each sales transaction, including name and address of permitted buyer, permit number, date, and number of TGC sold must be submitted with permit renewal application. Reports should be sent 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. Requirement for TGC Sales Permit

a. No person shall import or cause to be imported into the state of Louisiana TGC unless certified as TGC by the U.S. Fish and Wildlife Service or a qualified agent or contractor approved by the department. Such certification must be furnished to and approved by the department prior to importing of any fish into the state of Louisiana for stocking.

b. A TGC seller must possess a valid domestic aquatic organism license.

c. The person shall ship TGC with the words "TRIPLOID GRASS CARP" prominently on at least two sides of the vehicle or hauling tank with block letters that are not less than four inches high.

d. A TGC seller is bound by the TGC possession and transportation regulations as stipulated in LAC 76:VII.901.B; except that:

i. the TGC Sales Permit serves in lieu of the TGC Possession and Transportation Permit;

ii. the holders of a TGC Sales Permit may only sell live TGC to holders of a valid TGC Possession and Transportation Permit or a TGC Sales Permit;

iii. no person shall sell more than 500 TGC to an individual possessing a valid TGC Possession and Transportation Permit unless otherwise stipulated by the department in the permit.

e. A TGC seller shall notify the department at the designated telephone number (1-800-442-2511) of shipments of live TGC to permitted buyers at least 24 hours prior to shipment. Notification shall include seller's permit number, buyer's name, address, buyer's permit number, number of fish, destination of shipment, and date.

f. In addition to all other legal remedies, failure to comply with any of the provisions in this Section shall be just cause to immediately suspend and/or revoke the permittee's permit. All TGC shall be destroyed at permittee's expense under the department 's supervision within 30 days of permit revocation. Violation of any of the provisions of the permit constitutes a class four violation in accordance with R.S. 56:319.E

D. Requirements for Stocking TGC in Public (state or local) Waterbodies

1. No person shall release TGC into the public waters of Louisiana without written approval of the secretary or designee. Individuals, organizations, and local governments may request, in writing, that they be allowed to stock TGC in public waters. The department shall review the request, and if approved, shall provide written approval signed by the secretary or designee.

La. Admin. Code tit. 76, § VII-901

Promulgated by the Department of Wildlife and Fisheries, Office of Fisheries, LR 17:806 (August 1991), amended LR 19:511 (April 1993), LR 24:962 (May 1998), LR 37:3534 (December 2011), repromulgated LR 38:433 (February 2012), Amended by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 471337 (9/1/2021), Amended LR 48510 (3/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:318, R.S. 56:319 and R.S. 56:319.1.