La. Admin. Code tit. 76 § VII-903

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

Section VII-903 - Tilapia

A. Tilapia Permit Request Procedures

1. Individuals or organizations wishing to import, export, transport, culture, possess, dispose, transfer, or sell live tilapia in Louisiana must first obtain a Tilapia Culture Permit or Tilapia Live Holding Permit from the Fisheries Permit Manager. The following procedures will be necessary.

a. Applications for permits may be obtained by contacting the 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

b. The completed applications should be returned to the same address whereby the Fisheries Permit Manager will review the application. Department personnel or a department approved contractor, at the applicant's expense, will then make an on-site inspection of the property and culture or live holding system.

c. After the on-site inspection has been completed, department personnel will make a final determination as to whether the applicant is in full compliance with all rules for a Tilapia Culture Permit or Tilapia Live Holding Permit. Department personnel will then recommend to the secretary or designee if the applicant's request should be approved or denied.

d. The Fisheries Permit Manager will notify the applicant, in writing, as to whether or not the permit has been granted. In the event that the permit is denied, the Fisheries Permit Manager shall include written reasons for that determination. Applicants may reapply after correcting specified deficiencies noted in the letter of denial.

B. Rules on Transport of Live Tilapia

1. The department shall be notified in writing at least 2 business days prior to shipments of live tilapia from one Tilapia Culture Permit holder to another Tilapia Culture Permit holder, or to a Tilapia Live Holding Permit holders within the state, or for any shipments out-of-state in a format provided by the department. Notification shall include the Tilapia Culture Permit number, route, date and time(s) of transport, destination, owner of transport vehicle, total number of each species, permit number of resident tilapia culturist or live holder, and a copy or reference to the genetic certification of shipped stock by species. Anyone possessing live tilapia within the state must have a tilapia culture or live holding permit. Live tilapia showing signs of diseases shall not be transported into or within the state of Louisiana.

2. For each occurrence of importation of tilapia into Louisiana from out of state to a permitted resident culturist or live holder, the permittee must obtain, in writing or by email, approval from the department. Procedures and necessary information for obtaining approval are:

a. requests shall be made by emailing to the Fisheries Permit Manager at fisheriespermits@wlf.la.gov.

b. requests shall include:

i. Louisiana tilapia permit number, or a copy of the permit;

ii. route of transport;

iii. date of transport;

iv. time(s) of transport;

v. destination;

vi. owner of transport vehicle;

vii. species certification made any time new fish are added to the system;

viii. total number of each species;

ix. identification of seller and buyer.

3. A bill of lading must accompany the live tilapia during import, export, transport, transfer, or sale and shall include:

a. copy of the permittee's written approval as described in LAC 76:VII.903.B.2. above;

b. date and approximate time of shipment;

c. route of shipment;

d. source of tilapia (culture facility);

e. name, address and phone number of seller;

f. name, address and phone number of buyer;

g. identification and certification as to species;

h. total number of each species;

i. destination;

j. letter from source stating that tilapia are not showing signs of diseases;

k. display the word "TILAPIA" prominently on at least two sides of the vehicle or hauling tank with letters that are no less than 6 inches high.

4. The permittee assumes all responsibility for the tilapia as soon as it enters the state regardless of the owner of the vehicle. If multiple shipments are contained in the vehicle, all permittees with tilapia in the vehicle are responsible for the shipments. This includes those obligations outlined in LAC 76:VII.903.G.11.

C. Rules for Security of Tilapia Culture or Live Holding Facility

1. Applicant must demonstrate to the satisfaction of department officials that adequate security measures are in place at the culture facility that will guard against vandalism and theft of tilapia.

2. Any changes or modification of a permitted security system must first have the approval of department officials.

3. The department will have just cause to revoke a tilapia permit for lapses in security if:

a. the permittee is found to be in noncompliance with LAC 76:VII.903.C.1 and 2 above;

b. the permittee is determined to be derelict in maintaining the security measures that were approved for the permit;

c. failure to take appropriate measures when vandalism, theft, or accidental release of fish occurs.

4. It shall be the responsibility of the permittee to immediately notify the Fisheries Permit Manager of any tilapia that leave the facility for any reason other than those specifically identified and allowed for under their current permit, including but not limited to accidental releases, theft, etc.

5. It shall be the responsibility of the permittee to have at least one individual who is familiar with the culture system readily available for emergencies, inspections, etc.

D. Rules of Tilapia Culture and Live Holding Site

1. A legal description of the tilapia culture facility site that shows ownership must be submitted along with the permit request.

2. The applicant must agree to allow department officials or a department approved contractor, at the applicant's expense, to conduct unannounced random inspections of the transport vehicle, property, culture system or live holding system, and fish. Department officials may request other officials to accompany them during these inspections. Additionally, those individuals performing these inspections may remove or take fish samples for analysis and/or inspection.

3. All aspects of the tilapia facility must be at least 1 foot above the 100-year flood elevation. Additionally, the department may require a surface hydrological assessment of the proposed site at permittee's expense.

4. The department will require a live holding contingency plan for disposal of live tilapia in the event of impending flooding or other natural disasters.

E. Rules for the Tilapia Culture and Live Holding System

1. Applicant must provide a detailed narrative description, including scale drawings, of the tilapia culture or live holding system.

2. The tilapia culture or live holding system shall be an approved indoor system designed such that tilapia eggs, larvae, juveniles, or adults cannot escape.

3. Water utilized in the culture or live holding of tilapia shall be accounted for and shall be filtered, screened, and/or sterilized prior to leaving the culture or live holding system and the permittee's property in such a manner as the department deems adequate to prevent any possibility of escape from the system.

4. All aspects of the tilapia culture or live holding system and processing shall be completely enclosed so that predation from birds, mammals, amphibians, and reptiles is precluded.

5. A means to dispose of tilapia through chlorination, desiccation, or other appropriate methods, in the event of an emergency must be included as a component of any department approved live holding system.

6. One or more persons responsible for the operation of the live holding system must demonstrate to the department 's satisfaction a basic knowledge and understanding of the culture, biology, and potential local ecological impacts of tilapia.

F. Rules for the Processing of Tilapia

1. All tilapia and tilapia parts other than live tilapia specifically permitted by the department must be properly processed and killed prior to leaving the tilapia culture or live holding facility. Tilapia must be processed using any of the following three approved procedures:

a. chill killing whole tilapia in an ice slurry for a period of not less than 60 minutes,

b. removal of tilapia intestines followed by immersion of whole fish in an ice slurry for a period of not less than two minutes,

c. removal of head and all internal organs. All tilapia heads and internal organs must be put in an ice slurry for a period of not less than 60 minutes or frozen for 24 hours prior to disposal to prevent any possibility of accidental release of fry or fertilized eggs.

2. All tilapia, other than live tilapia specifically permitted by the department, being brought into the state from outside the state must be dead.

3. Records shall be kept at the location of the facility. Records shall be kept of all tilapia processed at a culture or live holding facility for the last five years and shall include the following information:

a. source of fish;

b. processed pounds;

c. date processed;

d. Tilapia culture facilities must retain all records of sales to live holder facilities.

4. A copy of this information shall be sent to the department 's Fisheries Permit Manager at the end of each year, or at any time upon the request of department officials.

G. General Rules for Tilapia

1. The cost of a tilapia culture permit shall be $100 and live holding permit shall be $50 and may include the actual cost of the on-site inspection. Universities conducting research approved by the department shall be exempt from the fee charge.

2. In order for the permit to be valid, the following license is required as a prerequisite:

a. Domesticated Aquatic Organism License for tilapia culturists;

b. a retail dealer's license for live holders. Live holders do not need to possess a Domesticated Aquatic Organism License.

3. Permits expire on December 31 every year. Any permit issued after November 15, will be valid for the remainder of that calendar year and the following calendar year. Fees will not be prorated. All existing tilapia culture and live holder permits as of June 2021 will be extended for no charge through December 2021.

4. Permits are not transferable from person to person, or property to property.

5. Live tilapia may be sold within the state only to a holder of a valid Tilapia Culture Permit or Tilapia Live Holding Permit. A Tilapia Culture Permit shall be required for the possession or transport of tilapia eggs, fry, or juveniles.

6. No person may release live tilapia, fish, or eggs into the waters of Louisiana (whether public or private) without the written approval of the secretary.

7. Permittee must agree to collect and provide an adequate number of tilapia to the department or a department approved contractor upon request for identification and analysis, at the permittee's expense.

8. Only those persons or organizations with valid tilapia permits may propagate, culture, or possess the following species and/or hybrids produced from their crosses. These species must be verified any time new stock is added to the culture facility by a genetic certification using an LDWF approved method.

Oreochromis aurea	Oreochromis nilotica
Oreochromis mossambica	Oreochromis urolepis hornorum

9. Tilapia culture permittees and Live Holder permittees shall submit an annual report to the Fisheries Permit Manager on a form provided by the department.

10. The department may employ whatever means it deems necessary to prevent the release or escapement of tilapia or their eggs into the environment. The permittee shall agree to reimburse the department for all costs including, but not limited to, man hours and materials utilized during corrective actions.

11. The department shall be overseer of all escape incidents and may implement or require to be implemented whatever measures deemed necessary to contain, kill, or recapture fish. The permittee shall reimburse Wildlife and Fisheries for all department costs including, but not limited to, man hours and materials utilized during these corrective actions. In order to assure the secretary that the permittee will fulfill their financial obligations, the tilapia culturists permittees and tilapia live holder permittees shall post a performance bond, or present a letter of credit from a financial institution stating that the value of the bond is available to the department on a certificate of deposit.

a. The performance bond for a tilapia culture permittee shall be $25,000 for permits issued prior to January 1, 2022. For permits issued after this date the performance bond shall increase yearly to a maximum of $50,000 as outlined in the table below.

Year	Tilapia Culture Permittee Bond Value
2022	$30,000
2023	$35,000
2024	$40,000
2025	$45,000
2026	$50,000

b. The performance bond for a tilapia live holder permittee shall be $10,000 for permits issued prior to January 1, 2022. For permits issued after this date the performance bond shall increase yearly to a maximum of $50,000 as outlined in the table below.

Year	Tilapia Live Holder Bond Value
2022	$18,000
2023	$26,000
2024	$34,000
2025	$42,000
2026	$50,000

12. At the time of renewal, the Tilapia culture permit holders must provide LDWF a certificate from a certified veterinarian or other certified expert that the tilapia are free of visible diseases and parasites.

13. If a permittee terminates tilapia production or live holding, the permittee shall notify the secretary or designee immediately and dispose of the tilapia according to methods approved by the department.

14. In addition to all other legal remedies, including provisions of R.S. 56:319.E, failure to comply with any of the provisions herein shall be just cause to immediately suspend and/or revoke the permittee's permit. All tilapia shall be destroyed at permittee's expense under the department's supervision within 30 days of permit revocation.

15. Any permittee allegedly in violation of the above rules has a right to submit a written response of the alleged violation(s) to the secretary, requesting a hearing to review the alleged violation(s) within five days of receiving notice of violation.

La. Admin. Code tit. 76, § VII-903

Promulgated by the Department of Wildlife and Fisheries, Office of Fisheries, LR 17:804 (August 1991), amended LR 20:1022 (September 1994), LR 21:594 (June 1995), LR 25:1987 (October 1999), Amended by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 471338 (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. 319.1.