La. Admin. Code tit. 76 § VII-911

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

Section VII-911 - Shovelnose Sturgeon

A. Shovelnose Sturgeon Permit Request Procedures

1. Individuals or organizations wishing to import, export, transport, culture, dispose of, or transfer live Shovelnose Sturgeon in Louisiana must first request a Shovelnose Sturgeon permit from the secretary or designee of the department. A separate permit will be required for each facility or location. The following procedures will be necessary.

a. Applications for permits may be obtained by contacting the Fisheries Permit Manager via email 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 Fisheries Division personnel 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 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 pertaining to a Shovelnose Sturgeon 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, and that applicant may reapply after correcting specified deficiencies noted in letter of denial. Applicants may reapply after correcting specified deficiencies noted in the letter of denial.

B. Rules on Transport of Live Shovelnose Sturgeon

1. A Louisiana Shovelnose Sturgeon Permit does not allow for the export of live Shovelnose Sturgeon from Louisiana.

2. Live Shovelnose Sturgeon being imported into Louisiana from out of state, or live transfer within the state, the permittee must obtain, in writing, approval from the department. These importations will only be allowed from fish that are acquired outside of the Red River drainage, and are limited only to those populations occurring outside of the range for the similarity of appearance listing for the species Shovelnose and Pallid Sturgeon.

3. The permittee must obtain, in writing, approval from the department for all importations or live transfer within the state. Written requests under this Section must be made no less than two business days before the expected date of shipment. Procedures and necessary information required to obtain approval are:

a. Requests shall be made via email to fisheriespermits@wlf.la.gov;

b. requests shall include:

i. Louisiana Shovelnose Sturgeon permit number;

ii. route of transport;

iii. date of transport;

iv. time(s) of transport;

v. destination;

vi. owner of transport vehicle;

vii. species certification issued within the past 30 days identifying shipped stock to species;

viii. total number of Shovelnose Sturgeon;

ix. identification of seller, buyer, and any permit numbers from the jurisdiction of origin to the jurisdiction of destination in which they are coming from.

4. A bill of lading must accompany the live Shovelnose Sturgeon during import, transport, transfer, or sale and shall include:

a. copy of the permittee's written approval as described in LAC 76:VII.911.B.2 above;

b. date and approximate time of shipment;

c. route of shipment;

d. source of Shovelnose Sturgeon;

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 Shovelnose Sturgeon;

i. destination;

j. if imported, the source must provide certificate of health from a veterinarian or other certified expert stating that Shovelnose Sturgeon are not showing signs of diseases;

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

C. Rules for Security of Shovelnose Sturgeon Culture Facility

1. Shovelnose Sturgeon live holding facilities will only be permitted in the following parishes: Acadia, Allen, Beauregard, Bienville, Bossier, Caddo, Calcasieu, Caldwell, Cameron, Catahoula, Claiborne, DeSoto, Evangeline, Franklin, Grant, Jackson, Jefferson Davis, LaSalle, Lafayette, Lincoln, Morehouse, Natchitoches, Ouachita, Rapides, Sabine, Union, Vermilion, Vernon, Webster, West Carrol, and Winn.

2. Applicant must demonstrate to the satisfaction of department officials that sufficient security measures are in place at the live holding facility that will guard against vandalism and theft of Shovelnose Sturgeon.

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

4. The department will have just cause to revoke a Shovelnose Sturgeon permit for lapses in security if:

a. the permittee is found to be in noncompliance with LAC 76:VII.911.C.2 and 3 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.

5. It shall be the responsibility of the permittee to immediately notify the secretary or designee of any Shovelnose Sturgeon 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 due to weather related events, vandalism and theft.

6. It shall be the responsibility of the permittee to have at least one individual who is familiar with the live holder system readily available for emergencies and inspections, both announced and unannounced.

D. Rules of Shovelnose Sturgeon Culture Site

1. A legal description of the Shovelnose Sturgeon live holding facility site that proves 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, 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 Shovelnose Sturgeon culture 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 the permittee's expense.

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

5. All Shovelnose Sturgeon shall be tagged with a departmental approved non-removable tag.

E. Rules for the Shovelnose Sturgeon Culture System

1. Applicant must provide a detailed narrative description, including scale drawings, of the Shovelnose Sturgeon culture system.

2. The Shovelnose Sturgeon culture system shall be an approved indoor recirculating system designed such that Shovelnose Sturgeon eggs, larvae, fingerlings, juveniles, or adults cannot escape.

3. All water utilized in the culture of Shovelnose Sturgeon shall be accounted for and shall be filtered, screened, and/or sterilized prior to leaving the 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 Shovelnose Sturgeon culture system and processing shall be completely enclosed so that predation from birds, mammals, amphibians, and reptiles is precluded.

5. A means to dispose of Shovelnose Sturgeon 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, rearing (care and feeding), biology, and potential local ecological impacts of Shovelnose Sturgeon.

F. Rules for the Processing of Shovelnose Sturgeon

1. All Shovelnose Sturgeon and Shovelnose Sturgeon parts other than live Shovelnose Sturgeon specifically permitted by the department must be properly processed and killed prior to leaving the Shovelnose Sturgeon culture facility. At no time will live Shovelnose Sturgeon be allowed to be moved within Louisiana without expressed approval of the department. No live Shovelnose Sturgeon shall be sold or transferred to any parties outside of Louisiana. Transfer between Louisiana Shovelnose Sturgeon permittees within the state of Louisiana must be approved prior to shipment as described in LAC 76:VII.911.B.2 above.

2. Records of all Shovelnose Sturgeon processed for the previous five years shall be kept at the permitted culture facility and shall include the following information:

a. source of fish;

b. processed pounds of both meat and caviar; and

c. date processed.

3. A copy of this information shall be sent to the Fisheries Permit Manager by December 31 of each year, or at any time upon the request of department officials.

G. General Rules for Shovelnose Sturgeon

1. The cost of a Shovelnose Sturgeon permit shall be $100 and may include the actual cost of the on-site inspection. Universities and other facilities conducting research approved by the department shall be exempt from the fee charge.

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

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.

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

5. Live Shovelnose Sturgeon shall not be sold within Louisiana except to a permitted culture facility.

6. No person may release live Shovelnose Sturgeon, fish, or eggs into the waters of Louisiana (whether public or private).

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

8. The only Sturgeon allowed in commercial aquaculture under the Louisiana Shovelnose Sturgeon permit is Scaphirhynchus platorynchus. No genetically altered Shovelnose Sturgeon or their hybrids are allowed.

9. Shovelnose Sturgeon permittees shall be required to submit an annual report to the secretary or designee on a form provided by the department.

10. The department may employ whatever means it deems necessary to prevent the release or escape of Shovelnose Sturgeon 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 agree to reimburse the department for all 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 Shovelnose Sturgeon permittee shall post a $50,000 performance bond, or present a letter of credit from a financial institution stating that the $50,000 is available to the department on a certificate of deposit.

12. If a permittee terminates Shovelnose Sturgeon culture, the permittee shall notify the secretary or designee immediately and dispose of the Shovelnose Sturgeon according to methods approved by the department.

13. 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 Shovelnose Sturgeon shall be destroyed at permittee's expense under the department's supervision within 30 days of permit revocation.

14. Any permittee allegedly in violation of the above rules has a right to make a written response of the alleged violation(s) to the secretary requesting a hearing to review the alleged violation(s) within five days.

H. Collection of Shovelnose Sturgeon Broodstock from Louisiana Waters

1. The department will allow legally permitted Shovelnose Sturgeon permit holders to collect local broodstock from approved locations on the Red River while under the supervision of departmental personnel or other approved third parties. The permittee may be charged for associated costs including, but not limited to, man-power and equipment.

2. This collection of broodstock will be limited to 3 years. The permittee may be granted additional years upon approval by the secretary. The collection must be approved and coordinated with the LDWF Fisheries Permit Manager and the Director of Inland Fisheries and would require a special broodstock collection permit from the secretary.

La. Admin. Code tit. 76, § VII-911

Promulgated by the Department of Wildlife and Fisheries, Wildlife and Fisheries Commission, LR 441455 (8/1/2018), Amended LR 471341 (9/1/2021), Amended LR 48510 (3/1/2022).

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